Credit Institutions

Regional and global consolidations of business and financial markets and increased regulation are bringing about important changes in Malta's credit institutions law and the credit institutions which it governs. This has taken more significance in the light of the integration of the Maltese financial markets into the larger European Single Market, pushing Maltese market players into a larger financial playing field. While this has been a challenge for the local credit institutions and banking industry, the various market players have risen to the occasion and Malta's banking system is consistently ranked among the soundest in the world.

Malta's accessible regulator, competitive costs and business friendly environment have attracted a number of Credit Institutions to our shores. Malta, which has earned itself the reputation of being an excellent European hub for financial services, has lured various market players in either setting up their headquarters on the island, or establishing a branch herein or establishing an e-money institution within our shores. 

The Banking Act, 1994 is the main legislation presenting a  framework for the regulation and supervision of banks in Malta. A variety of legal notices regulating specific aspects of banking transactions and the regulation of credit institutions has also been issued under this main Act. One also finds that the Civil Code and the Commercial Code present various basic principles regulating transactions such as borrowing and loans, deposits, payments, setting off, pledges and hypothecation of property.

Our Credit Institutions Law Practice

Our expertise in the banking, pensions, financial services and credit institutions law and our direct industry knowledge help us better serve clients at an extremely challenging time. The firm advises on an array of banking law matters, including the granting of loans,  property loan transactions and mortgages, syndication, collateral, security enforcement, professional secrecy, online banking transactions, e-commerce transactions and merchant accounts and general licencing and compliance issues. 

Our specialist knowledge of the sector and its issues enables our lawyers to provide results driven commercial advice to Banks on some of their most complex transactions and to help them address some of their most challenging business issues whilst being fully compliant with credit institutions law. 

Our Credit Institutions Law team consists of a multi-disciplinary group of lawyers drawn from our Banking, Capital Markets, Corporate, Tax, Litigation and Real Estate practices who have an unrivalled breadth and depth of experience of working with Banks in Europe, the Americas and Asia.

Chetcuti Cauchi advises banks and financial institutions on regulatory, licencing, operational and traditional substantive law issues. The firm also provides expertise in the legal and regulatory aspects of online delivery of financial and services, particularly internet banking and online payment systems.