Glossary


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Act

Refers to the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta.

Additional Tier 1 Capital

Shall have the same meaning as assigned to it within Chapter 3 of Title 1 of Part Two of Regulation (EU) No 575/2013.

Provided that solely for the purposes of this Rulebook the terms ‘Institution’ or ‘Investment firm’ as defined under Article 4 of Regulation (EU) No 575/2013 shall also refer to a Licence Holder as defined within this Glossary.

Administrator

Shall have the same meaning as assigned to it under Article 2 (2) of the Act.

Admission to trading on a DLT exchange

Means the process by which the DLT exchange on boards a VFA and subsequently permits participants of the said exchange to enter into transactions in that VFA and subject to the rules of the said exchange.

Provided that, notwithstanding this definition, an issuer shall not be required to draw up and register whitepaper with the competent authority in terms of Article 3 of the Act in relation to the admission to trading on a DLT exchange of any of the following:

(a) VFAs whose features are equivalent to those of the VFAs already admitted to trading on the same DLT exchange:

Provided that the issuer makes public information on the number and nature of the VFAs and the reasons for and details of the offer:

Provided further that where the VFAs grant rights akin to equity rights to the holders thereof, this paragraph shall be applicable only insofar as the said VFAs represent, over a period of 12 months, less than 20% of the number of VFAs already admitted to trading on the same DLT exchange;

(b) VFAs offered to existing or former administrators or employees by the issuer or by an affiliated undertaking, provided that the features of the said VFAs are equivalent to those of the VFAs already admitted to trading on the same DLT exchange and that the issuer makes public information on the number and nature of the VFAs and the reasons for and details of the offer.

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Shall have the same meaning as assigned to it under Article 2 (2) of the Act.

Alternative Investment Fund or AIF

Shall have the same meaning as assigned to it under Article 2 (1) of the Investment Services Act.

Applicant

Shall refer to the person seeking authorisation under the Act.

Appointed Person

Shall refer to an Administrator, Senior Manager or any other person that requires approval by the MFSA, such as, inter alia, Compliance Officer and MLRO.

Assets

Shall have the same meaning as assigned to it under Article 2 (2) of the Act.

Atomic Swapping

Means the peer-to-peer cross-chain exchange of one DLT asset to another DLT asset without any trusted third party.

Auditor

Shall have the meaning as assigned to it in the Accountancy Profession Act, Chapter 281 of the Laws of Malta, or regulations issued in terms thereof.

Authorised Person

Shall refer to a person authorised under the Act.