Compliance with MFSA Regulations & Market Abuse Prevention

Navigating Malta's Financial Market Abuse Rules

Wayne Pisani
By:
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The Prevention of Financial Markets Abuse Rules, issued by the Malta Financial Services Authority (MFSA), provide a comprehensive regulatory framework aimed at safeguarding the integrity of Malta's financial markets. These Rules, grounded in the Market Abuse Regulation (MAR) and aligned with ESMA guidelines, are essential for ensuring transparency, fairness, and investor confidence. 

 

Who is Affected?

The Rules apply to a broad spectrum of market participants, including: 

  • Issuers of financial instruments listed on the Malta Stock Exchange (including Prospects)
  • Market operators and trading venues
  • Investment firms and entities arranging or executing transactions
  • Persons discharging managerial responsibilities (PDMRs) and their close associates

 

Key Compliance Areas

The Rules impose detailed obligations across several areas:

  • Disclosure and Transparency: Issuers must manage inside information responsibly and ensure timely public disclosure.
  • Market Sounding: Procedures must be followed when gauging investor interest prior to transactions.
  • Manager Transactions: PDMRs and their associates must notify the MFSA of personal trades in issuer securities.
  • Insider Lists: Issuers are required to maintain up-to-date records of individuals with access to inside information.
  • Commodity and Spot Market Conduct: Specific provisions apply to firms operating in these sectors.

 

Why It Matters

Non-compliance with these Rules can result in significant reputational and financial consequences. As regulatory expectations evolve, market participants must ensure their internal controls, reporting mechanisms, and governance structures are robust and up to date. 

 

How Grant Thornton Can Help

At Grant Thornton Malta, we support clients in navigating the complexities of financial markets regulations. Our services include:

  • Regulatory gap analysis to assess compliance with the Rules
  • Policy and procedure development tailored to MAR and MFSA requirements
  • Training for directors, compliance officers, and PDMRs
  • Assistance with regulatory reporting and disclosures
  • Ongoing advisory support to manage market conduct risks

 

Access the full Rules here: MFSA Prevention of Financial Markets Abuse Rules