Regulatory Compliance

Chetcuti Cauchi is fully aware of the importance of regulatory compliance throughout all stages and therefore guides its clients from the very beginning, even before an Investment Services Licence is granted to them, to make sure that the operational set-up is compliant and will remain compliant with relevant regulations. 

Our experienced compliance specialists possess specialist knowledge of the various procedures set up by the Malta Financial Services Authority (MFSA). This allows us to assist our clients throughout the whole application process, ensuring they adhere to all regulatory requirements.

Our Regulatory Compliance Advisory Service

We are able to provide excellent regulatory compliance advisory services to licensed entities which require assistance or advice on any regulatory matter.

Entities which have been licensed/ authorised by the Malta Financial Services Authority will benefit from our regulatory compliance advisory services. These entities are:

• Entities which are licensed pursuant to article 6 of the Investment Services Act (1994);
• Entities or individuals registered to act as Company Service Providers in terms of article 3 of the Company Services Providers Act (2013);
• Entities authorised to act as trustees in terms of article 43 to 43a of the Trust and Trustees Act (1989).

 Our specialised regulatory compliance advisory services include, but are not limited to:

• review of policies, procedure and advice on the implementation of any required charges in line with the applicable rules and legislation;
• drafting of policies, procedures as well as compliance plan;
• advice on best practices and the ways of improving current systems along with the introduction of new controls, if necessary;
• advice on regulatory issues;
• providing support to the compliance officer in dealing with the submission of regulatory reporting;
• compliance health checks and mock visits.

 Compliance Officer

After obtaining a license, Licence Holders find themselves under the obligation to adhere to certain requirements and conditions established by the law, as well as the Standard Licence Conditions falling within the jurisdiction of regulatory compliance.

Licence Holders are required to established and maintain a productive regulatory compliance function, which has to operate independently from other services carried out by the Licence Holder. As an integral part of a licensed business activity, this compliance function detects if the Licence Holder is at risk of failing to comply with any legal obligations.

That is why the appointment of a Compliance Officer is so crucial to any Licence Holder. The Compliance Officer is responsible for the compliance function and bridges the gap between the Licence Holder and the regulator in matters of compliance.

The main duties of Compliance Officer include:

• regularly monitoring and assessing the competence and productiveness of the measures and procedures established by the Licence Holder in order to comply with his/her obligations in accordance with the requirements of the Standard Licence Conditions and the actions taken to address any deficiencies;
• provide advice on and assistance to the relevant persons responsible for carrying out Investment Services and activities in complying with the legal and regulatory obligations of a Licence Holder;
• additionally, a compliance officer may also act as a Money Laundering Reporting Officer for a Licence Holder.

In order for the Compliance Officer to be able to perform the aforementioned functions, the officer has to be provided with the required authority, expertise and resources, and must have access to the relevant information of the Licence Holder.

Our regulatory compliance specialists at Chetcuti Cauchi can act as your Compliance Officers even before your entity has obtained a licence. During licensing stage, we assist our clients with the drafting of the policy procedures and counsel them on any matters brought up by the Authority.

After an entity has obtained a license, our experienced compliance lawyers will ensure that everything is operating in a compliant manner and all requirements are being adhered to. Owing to our vast experience, we are able to assist businesses from different industry sectors. Apart from that, we assist with the preparation of regulatory returns, drafting of project policies and procedures, submission of compliance reports to the Board of Directors, advising on investor protection matters, dealing with statutory notification requirements as well as assisting in relations with the regulators.