Investments


The Authority supervises investment firms from a conduct perspective. More specifically the Authority looks at the way these regulated entities provide a particular investment service including the manner in which investment advice is provided to its clients and the compliance of these entities with the applicable legal requirements and rules as defined under the Conduct of Business Rulebook. As part of its supervisory work in this area the Authority conducts on-site inspections at the premises of regulated entities and off-site work including but not limited to thematic / desk-based reviews, monitoring of financial promotions and the collection/analysis of conduct related data, such as complaints data and a list of financial instruments in respect of which these regulated entities have provided an investment service.

Main Legislation

In this section you will find the Acts of Parliament which lay down the framework of the regulatory regime applicable to investment firms.

Investment Services Act Cap. 370

Summary of the Investment Services Act

Subsidiary Legislation

In this section you will find the legislation which is subsidiary to the Main Legislation and which lays down further requirements relating to the supervision of investment firms.

S.L. 370.05 – Investment Services Act (Control of Assets) Regulations

S.L. 370.09 – Investor Compensation Scheme Regulations

S.L. 370.10 – European Passport Rights for Investment Firms Regulations (Click here for more)

Regulation

In this section you will find the Regulations applicable to investment firms.

MiFID II

Rules

In this section you will find the Conduct Rules applicable to investment firms as issued by the MFSA.

Investment Services Rules for Investment Services Providers applicable up to 2 January 2018

Conduct of Business Rulebook

ESMA Documents

Conduct-Related Data Reporting Requirements

In this section you will find the Conduct-Related Data return and the relevant Guidance Notes applicable to Investment Firms.

Circulars and Notes for Information

Includes a list of all circulars and notes for information issued by Conduct Supervision throughout the past months and years in relation to ‘Investments’.

Consultation Documents and Feedback Statements 

Includes a list of all consultation documents and feedback statements issued by Conduct Supervision throughout the past months and years in relation to ‘Trustees & Other Fiduciaries’.

Regulatory FAQs

FAQs are regularly issued by the MFSA to the industry to provide guidance as to how these entities may meet their regulatory requirements as well as other feedback as deemed necessary.