Crypto License in Malta 2025
Malta was the first European state to enact national legislation on cryptocurrency, attracting to the island the globe’s largest cryptocurrency exchanges.
Malta has enacted a regime to regulate different types of virtual financial assets (VFA) and virtual financial asset services (better known as VFA services). Three laws govern cryptocurrency companies:
- Law on Innovative Technology Agreements and Services (ITAS Law), which provides for registration of technology service providers and certification of technology agreements.
- The Virtual Financial Assets Act (VFAA), which is responsible for regulating VFA service providers, the primary supply of coins (ICO) and VFA agents.
- Malta’s Digital Innovation Act (MDIA Act), which regulates the Malta Digital Innovation Authority (MDIA)
As stipulated by VFAA, no organization is allowed to offer VFA services in or outside Malta without a licence from the Malta Financial Services Authority.
Malta crypto license
COST OF CRYPTOCURRENCY LICENSE
PACKAGE «COMPANY & CRYPTO LICENSE IN MALTA» |
- Collection and review of due diligence documents
- Structuring, legal and regulatory advice
- Provision of a legal opinion classifying the legal nature of the service provided
- Drafting of the documents required for application and issue of license
- Business Plan
- Application Form
- Compliance Procedures Manual
- PMLFT Manual
- Conflict of Interest Policy
- Client Categorisation Policy
- Client Order Execution Policy
- Complaints Handling Procedures Manual
- Personal Transactions Policy
- Reporting of Breaches Policy
- Inducements Policy
- Remuneration Policy
- Business Continuity Plan
- Outsourcing Policy
- Emergency Plan
- Data Privacy Policy
- Preparation of all the supporting documentation for the application.
Legal Services for Crypto Projects | 1,500 EUR |
Requirements for the company
Service providers must meet the following conditions before applying and qualifying for a licence to exchange cryptocurrency.
- The applicant’s minimum statutory capital is 730,000 euros.
- The applicant company has a physical office in Malta.
- Director, senior management of the company, KYC/AML officer will have to comply with the directive of the regulator.
- The board of directors or there should be at least two people who are directors in the company. AML/KYC officer on board
The four classes of financial licenses: Cryptovirges fall under the fourth category, covering all provisions of VFA service and control or storage of clients’ funds in connection with the provision of VFA service.
Filing fee
When one applies for a cryptocurrency license in Malta, he needs to pay a duty of 24,000 euros to the company.
Requirements
A licensed cryptocurrency company, which assumes the custody of clients’ funds, must appoint a custodian – a credit organization or a bank. All items must be stored in FIAT.
Protection of clients’ assets
Each VFA exchange must implement management mechanisms to protect its clients’ assets. The VFA Exchange must appoint an official with sufficient skills and authority to be responsible for matters related to compliance and obligations to protect the assets of clients.
Taxation of cryptocurrency companies in Malta
The profits derived from crypto activities are the profits of the company. The corporate profit tax on a crypto company in Malta is 35 per cent and is paid to the relevant tax authorities by the licensee on the profits derived from the provision of services. It is important to note that a number of tax exemptions can be applied in each specific case, thereby reducing the corporate tax payable. Read more about Malta crypto tax.
Reporting requirements
Under Section 50(6) of the VFAA Act, licensed cryptocurrency companies are required to submit an external auditor’s report to MFSA at least once annually. The system audit report processing fee in MDIA is €3,000.
Annual licence fee
The cost of a cryptocurrency exchange license in Malta also includes an annual surveillance fee. A company holding a cryptocurrency license is obliged to pay an annual surveillance fee to MFSA, depending on the revenues received by the licensee:
- with a maximum of €1,000,000, the annual supervisory fee will be €50,000.
- with a profit in excess of €1,000,000 – an additional €5,000 for each €1,000,000 profit. To date, less than 20 companies hold a cryptocurrency license in Malta.
Advantages
First European country to adopt crypto legislation
Prestige and worldwide recognition of the jurisdiction
Progressive state approach to cryptocurrencies
VAT does not apply to cryptocurrency exchange transactions
CRYPTO REGULATION IN MALTA
Malta has a strongly progressive approach to cryptocurrency, positioning itself as the world leader in the regulation of cryptocurrencies. Regardless of the fact that cryptocurrencies are not a legal tender in Malta, the government appoints it as a «means of exchange, unit of account or savings». Adding to the existing POD/FT legislation, the Government of Malta was the first to apply three Digital Assets Acts (MDIA, ITAS and VFA), as well as blockchain legislation. Malta’s cryptocurrency regulation does not include specific tax legislation, and currently VAT does not apply to transactions for exchange of fiat currency to cryptocurrency.
Cryptocurrency Exchange
The exchange of cryptocurrency is legal in Malta. In 2018, the Maltese government passed landmark legislation defining a new regulatory framework for cryptocurrencies hence solving problems related to POD/FT. Malta regulation includes several accounts of cryptocurrency including the Virtual Financial Assets Act (VFA), which sets a global precedent by setting a regulatory regime applicable to cryptocurrency exchange, ICOs, brokers, wallet suppliers, consultants, and asset managers.
VFA (from November 2018) came with the Law on Innovative Technologies and Services, setting up a regime for future registration and reporting of crypto service providers. Malta also saw the establishment of its Digital Innovation Authority. MDIA is the government entity in charge of developing cryptocurrency policy, collaborating with other nations and entities, and ensuring ethical standards for using cryptocurrency and blockchain technologies.
Malta Cryptocurrency Regulation No new money laundering legislation or cryptocurrency is envisaged, as the Office of Malta Financial Services, in its Strategic Plan for 2019-2021, stated that the financial services regulator of the country will be taking an active role in monitoring and managing business risks related to licensed virtual assets and business cryptocurrency to better fight money laundering and other financial crime risks. It added that the Maltese government would also take a look into the integration of AI in regulating cryptocurrencies and might issue specifics for proposals on security tokens.
Current Maltese law
The VFA Act regulates virtual financial assets, including ICOs, and those entities involved in activities related to them, specifically: virtual asset exchanges, investment advisers, purse-purse providers, brokers, and portfolio managers. Malta has introduced a financial instrument test to be carried out by anyone planning to launch an ICO in Malta or from Malta, aiming to determine the nature of the asset being created and the relevant law applicable to the ICO and the token itself.
Such an asset is regulated under the VFA Act if considered as a «virtual financial asset» or «VFA» under the definition of any form of digital record medium used as a digital medium, unit of account, or savings other than a financial instrument, virtual token, or electronic money.
Financial instrument — a financial instrument is defined in accordance with the EU Financial Services Market Directive (MiFID) and the Malta Investment Services Act, while activities related to financial instruments are regulated by the Investment Services Act; A virtual token is a token whose utility, value, or use is limited solely to the acquisition of goods or services or to the exclusively distributed platform of the registry on which or to which it was issued, or within a limited network of distributed platforms.
Virtual tokens are usually service tokens, which have no other use or value other than in the purchase of goods or services on the DLT platform they are issued on. Activities involving virtual markers are not regulated.
Electronic money: for a DLT-asset to qualify as electronic money, it must be issued at par value upon receipt of the consideration by the issuer, and it can be redeemed at any time only by the issuer. It shall be used for making payments and shall be accepted as a means of payment by a non-issuer.
If the DLT asset can be exchanged or converted into another DLT, then it is treated like the type of DLT asset that it can be exchanged or converted into. Usually, Virtual Financial Assets would encompass most virtual assets.
The main difference compared to Hong Kong is that there is currently no specific legislation applicable to ICOs or virtual assets in Hong Kong. That will change if, in November 2020, the FSTB is proposing to license virtual asset exchanges under Hong Kong’s anti-money-laundering legislation. In addition, there is no strict distinction between different types of tokens in Hong Kong, except where tokens have security characteristics. Otherwise, all tokens are considered virtual goods. Requirements for the content of the technical description
The DFA Act does not have a requirement of licensing or registration of the issuers with the MFA, but they are mandated to issue a technical document that will meet the various requirements specified in the DFA Act.
This requirement applies to any legal entity that proposes (i) to offer a virtual financial asset to the public in or from Malta or (ii) to apply to trading a virtual financial asset on the DLT exchange. The definition of the VFA issuer refers only to legal entities established under Maltese law. Thus, issuers must be registered in Malta if they wish to host a VFA (i.e. ICO).
No technical document is required if the DLT asset falls under the definition of a virtual token, which is not regulated under the VFA. VAIOT issued a notice of successful registration of its technical document with the MFSA in October 2020, thus becoming the first project ever regulated under the VFA Act.
Issuer liability VFA Issuers are duty bound to adhere to the Issuer’s Obligations which, very briefly, pertain to carrying on business with honesty and good conscience with proper qualifications, care and diligence; relations with investors, conflicts of interest, protection of investors, administrative arrangements, safety, and compliance with POD/FT. Issuers shall be liable for compensation to any person who suffers losses as a result of the purchase of virtual financial assets either on the original VFA proposal or in the exchange of DLT on the basis of false information contained in an official document on the website issuer or advertising virtual financial assets. This has similarities to the approach of the FCS regulatory regime under which the investor protection measures under the FCS Code of Conduct only apply to participation by a traditional intermediary, and because the FCS Code of Conduct does not apply to securities issuers, The Code of Conduct contains no obligations. The behaviour of the issuer in the ordinary offer of security markers, for the surety that the information given in its marketing documents is true and to determine whether its markers are appropriate for potential buyers. On the other hand, an issuer making false or misleading statements in its official document will be held liable for fraud, theft, or misrepresentation.
Requirements for VFA Agent
Therefore, in Malta, the issuer of the ICO has to appoint permanently a VFA agent approved by the MFSA. Lawyers, accountants, and corporate service providers may apply for approval as an AFW agent. The VFA agent shall be responsible for advising and directing the issuer in respect of its responsibilities and obligations under the VFA Act and relevant rules and regulations. It should assume that the issuer has complied with all relevant regulatory requirements in respect to the supply of virtual financial assets or their admission to the exchange (where appropriate), and should consider the issuer appropriate and appropriate. The DFA agent shall act as an intermediary between the issuer and the MFA, and it shall be responsible for submitting all documentation required under the VFA Act and relevant rules and regulations. In particular, it shall submit annually to IFSA a certificate of conformity confirming that the issuer is in compliance with the regulatory requirements. VFA agents shall disclose any material information in relation to non-compliance with the rules of IFAS.
Advertising requirements for VFA
The VFA Act stipulates the requirements for advertisements, in relation to an initial VFA proposal or VFA admission.
“Any advertisement must be clearly identified as such and the information contained therein must be accurate and not misleading. It also has to be consistent with the information contained in an official document. It has to announce that an official document has been or shall issue and has to include the address and time when copies will be or will be available to the public”. Advertisements regarding the VFA service shall be issued only by the VFA license holder or another person whose content has been verified and approved by the license holder’s administrative board.
VFA Service Providers The provision of VFA services in Malta or from Malta requires such providers to be licensed by the MFSA. Examples of VFA services include portfolio management, nominal custodian services, investment advice on virtual financial assets, virtual placing of financial assets, VFA exchange management, order reception and transfer related to virtual financial assets, and execution of orders and transactions with them.
Crypto regulation in Malta
Period for consideration |
up to 9 months | Annual fee for supervision | 50,000 € |
State fee for application |
24,000 € | Local staff member | At least 3 |
Required share capital | up to 730,000 € | Physical office | Required |
Corporate income tax | 35% | Accounting audit | Required |
Malta crypto license application
An organization that intends to apply for a VFA license is under obligation to do so through the appointment of a registered VFA agent. The MFA shall have the right to issue or withhold the issue of a license that may either be general in nature or limited in nature as regards to the provision of certain services to the VFA. The grant of the license will involve MFSA continuing to verify that:
- The applicant (and its ultimate beneficial owner, qualified owner, members of the administrative board or any other person directing the business of the applicant) is fit and proper and suitable to provide due services to the VFA and that it will comply with and adhere to the requirements of the VFA Act and to other applicable legislation and rules;
- If the applicant is a natural person, that the person is resident in Malta;
- Whether applicant is a legal person, it is either established in Malta or in accordance with Maltese law or recognised jurisdiction and has a branch in Malta. Its objects or purposes shall be restricted to the activities of a licensee and to the performance of ancillary or secondary activities and shall not include objects or purposes incompatible with the services of licensees of VFA. Incompatible objects or premises include any activity which is licensable by the MFA under any Maltese legislation other than the VFA Act;
- Its actual activities are compatible and ancillary to VFA services.
Any licence granted shall be subject to conditions that the MFA may consider proper and may be further varied or revoked, and/or such additional conditions may be imposed. In coming to a licensing decision, the MFA shall be guided by its various objects, namely: protection of investors and the public, the protection of the reputation of Malta, the promotion of innovation and competition, the preservation of reputation of the applicant and any connected persons.
The other grounds on which the Ministry of Foreign Affairs may refuse to grant a license include: if it considers that the applicant lacks sound and reasonable management, reliable administrative mechanisms, and adequate internal control or security mechanisms; or that the applicant proposes to enter into a relationship with any person or persons that prevent him from exercising effective supervision of the applicant, or that granting a license to the applicant may pose a risk to investors, the general public, Malta’s reputation, and the promotion of innovation or competition.
The MFSA may suspend or withdraw a license for reasons which inter alia include:
- The license holder shall not offer services to the WFA within twelve months from the date of issue of the license;
- If the license holder is declared bankrupt, liquidated or enters into a compromise agreement with its creditors or otherwise wound-up. or
in writing, upon the request of another competent regulatory body regulating the granting of a licence.
License holder’s duties
The VFA Act lays down conduct standards on the holders of a license, whereby they shall act fairly, fairly and with professionalism; comply with the VFA Act and any rules and regulations related to it; and have fiduciary obligations to their customers. Licensees shall keep all access systems and protocols secure at a high standard.
Malta
Capital |
Population |
Currency |
GDP |
Valletta | 519,562 | EUR | $32,912 |
Market abuse prevention
The VFA Act renders insider trading, market manipulation and the unlawful disclosure of inside information in respect to virtual financial assets permitted to be traded on VFA whether done in or outside Malta subject to criminal offense, namely:
Insider transactions – knowingly suggesting or promoting to any other person to enter into insider transactions, constitutes an offence:
- Insider transactions are those where a person in possession of insider information uses that information either directly or indirectly, for his or her own benefit or at the expense of a third party, relating to the virtual financial assets. It also occurs in the case of a person having insider information and on the basis of such information, recommending or encouraging another person to acquire or dispose of the virtual financial assets to which the information relates, or another person revoking or amending an order relating to the virtual financial asset to which the information relates.
- Unlawful disclosure of insider information means a person in possession of insider information discloses such information to any other person, except where disclosure is allowed under the VFA Act and regulations or rules issued pursuant thereto. Any incitement, aiding and abetting or instigation such a crime is also an offense
- Market manipulation means manipulation or attempting to manipulate a virtual financial asset or benchmark through an abusive strategy.
VFA exchanges need to be in a position to have appropriate systems, procedures and mechanisms that are able to detect and monitor market abuse and report any suspicion of market abuse in the market to MFSA.
Audit of licence holder
The licensee will be obliged to appoint an auditor who is obliged to report to the MFSA any fact or decision that may result in a serious disclaimer or denial in the audit report of the accounts of the licensee, or that may constitute a material breach of applicable legislative or regulatory requirements or limit the capability of the licensee to continue to operate. Any person closely connected with such licensee, should also be informed by the auditor to the MFSA. If the auditor is not aware of a valid reason for not so doing, he should communicate simultaneously the said information to the board of the licensee. The auditor shall report annually to the MFSA on the security systems and protocols of the licensee.
It is an offence to induce or attempt to induce another person to enter into a VFA agreement by means of deliberate, false or misleading statements. Any person who knowingly prevents another person from exercising the rights conferred by the VFA Act will also commit an offence. The punishment for offenses under the VFA Act is a fine of up to 15 million euros, threefold the amount of the profit or loss evaded as a result of said crime, or imprisonment for up to six years, or even both at the same time. The Law VFA casts obligations to report suspicions of money laundering and terrorist financing. If the official or employee of the VFA issuer, the VFA agent or the licensee has reason to suspect that the transaction might be related to money laundering or terrorist financing.
Also, lawyers from Regulated United Europe provide legal support for crypto projects and help with adaptation to MICA regulations.
Embrace Crypto Innovation: How to Get a Crypto Exchange License in Malta 2025
Malta is known as the “Blockchain Island” because it was one of the first countries to establish a solid regulatory framework for crypto companies. The article below is a step-by-step guide that explains how to get a crypto exchange license in Malta, comprising both the process and prices of establishing a licensed crypto operation in this lively regulative environment.
Crypto Exchanges Regulatory Environment in Malta
Falling under the purview of the Malta Financial Services Authority, Malta offers an enabling platform for crypto businesses through well-defined legal frameworks that seek to strike a balance between the promotion of innovation with requirements for compliance and security. Malta’s move not only makes crypto exchanges easy but also brings credibility to them, making them accessible to more markets.
Types of Crypto Licenses in Malta
Malta offers a number of important licenses that address different needs in the cryptocurrency market:
- Crypto exchange license in Malta allows crypto-to-fiat and crypto-to-crypto exchange.
- Malta crypto brokerage license authorizes the provider to offer intermediary services in crypto transactions.
- The Malta crypto trading license is required when one wants to directly engage in a trading activity.
- The Malta VASP crypto license covers service providers that work with virtual asset-related activities
Requirements for Obtaining a Crypto License in Malta
Therefore, the application process must fulfill the strict AML and KYC requirements of sound business planning and evidence of financial stability. The applicants must also show their IT security against future hacking incidents that may arise.
Economic Considerations of Licensing
The cost of a crypto exchange license in Malta depends on the kind of license and the scale of operation. Malta is probably not offering the cheapest crypto license in Malta, but its good regulatory competitive edge is well worth the investment one needs to make.
Benefits of a Maltese Crypto License
A license obtained in Malta means that the business shall have strategic access to European markets, with a credible seal from the regulatory body, hence commanding investor confidence and corporate repute. This special advantage for companies thereby scales through the EU.
Crypto Market Opportunities in Malta
The proactive stance of the Maltese government on crypto and blockchain technologies presents a host of opportunities for further growth and innovative creations. It is possible for companies to leverage Malta’s leading position in digital and financial technology to expand operations.
Market Entry Strategies
Such a crypto exchange license on sale in Malta may be a pretty attractive deal for those businesses in a rush to get into the market. This route will surely save time and resources, of course, provided thorough due diligence is conducted in making sure that this license meets current regulatory standards.
Malta offers a fertile ground for crypto enterprises through its progressive and clear regulatory framework. With a crypto license obtained in Malta, a business enterprise will definitely be assured of compliance, full exploration of multiple market opportunities, and subsequent leadership in the global cryptocurrency frontier.
Crypto License in Malta 2025
Malta is called ‘blockchain island’ because it is one of the world leaders when it comes to creating a favorable regulatory environment for both cryptocurrencies and blockchain technology. In 2025, Malta also consolidates its position by offering a transparent and clear regulatory framework regarding cryptocurrency transactions. In the paper, we will look in detail at the current status of the crypto license in Malta and at the requirements on how to obtain it.
Regulatory environment
In Malta, the MFSA regulates cryptocurrency activity with the issuance of a number of basic laws, among which comes the Virtual Financial Assets (VFA) Act. Their goals were to enable innovation, provide consumer protection, and ensure market transparency.
Requirements for Obtaining a License
Companies seeking a cryptocurrency license in Malta must pass through a multitude of strict requirements:
- VFA Compliance: Complying with all the requirements of the Virtual Financial Assets Act.
- AML/CFT procedures: The implementation of appropriate measures which are reasonably designed to prevent money laundering and terrorist financing.
- Technological adequacy: Evidence that it makes use of sound technology in managing cryptocurrency assets and for the preserving of such.
- Financial strength: The sufficiency of its capital in respect of its operations, the amount thereof depending on the license category it falls under. License categories
Within Malta, there are a number of license categories, which correspond to the specific activity undertaken:
- Category 1 License: Permits firms to offer cryptocurrency management services without the custody of customers’ assets.
- Category 2 License: Applies to firms holding customers’ assets but not trading on their behalf.
- Category 3 License: Allows carrying out all cryptocurrency transactions, including trading on your behalf.
Licensing Procedure
Obtaining a cryptocurrency license in Malta follows certain stages, including:
- Document preparation and filing includes a business plan, AML/CFT policy, technology description, and management structure.
- MFSA Pre-Assessment: Review of documented filing against requirements
- Licensing: Grant license to the company after successful pre-assessment and additional verification.
Malta is still among the leaders of the regulation of cryptocurrencies, as it provides companies with a good legal basis for working with new financial assets. It is transparent and clear licensing that attracts international investment, making the cryptocurrency environment of the island safe and stable.
Companies registered in Malta
Crypto License in Malta 2025
Over the past decade, Malta has emerged as one of the world’s main innovative fintech hubs, adopting a truly forward-thinking approach toward its regulation. In this regard, innovation within the sector is encouraged while measures for consumer protection and financial stability are considered very seriously. The respective legal framework is devised to support an extensive range of fintech services, such as e-money transactions, payment systems, robo-advice, trading, lending platforms, cryptocurrencies, and blockchain applications.
Malta’s regulatory strategy for fintech is essentially based on three principles: that of proportionality, technological neutrality, and a risk-based approach. The Maltese regulators, which include the MFSA, are proactive in reaching out to the industry with the intention of being up-to-date with the latest technologies and business models while making sure they are able to comply with regulations. A number of priorities related to the development of digital finance, GRC, cross-border supervision, and sustainability and consumer protection have been mentioned by the MFSA under Supervisory Priorities 2025.
This is mainly because of the swift and effective response which has been taken in Malta regarding the economic difficulties caused by the COVID-19 pandemic. As a result, Malta has been able to ensure a sustained economic recovery to date and also remains a jurisdiction of choice for potential licensees and players in the fintech sector.
Malta is a European Union Member State, and it occupies a specific niche in the international financial system, fully adhering to the standards set at the international level. It provides unparalleled access for financial institutions to the huge market of the European Union with more than 450 million residents. Malta also forms part of a network of about 80 bilateral double taxation treaties covering major high-growth markets, doing much to facilitate international trade transactions and foster global business enterprise. A report now shows that, according to consulting firm McKinsey & Company, Malta’s fintech sector has become the third largest jurisdiction in the EU by 2022.
Malta was among the pioneers in coming forward with new financial technologies regulations, such as those on payment services, crowdfunding, and other fintech services. Perhaps most interestingly, virtual assets regulation was promulgated in 2018, preceding later legislation at the EU level in this area. In June 2025, the European Union adopted the Markets in Cryptoassets Regulation (MiCAR), a regulation that aims to harmonize and enhance the facilitation of DLT and cryptocurrencies regulation. The MiCAR Act, as approved by the European Parliament in April 2023 for enforcement in June 2025, offers increased protection to both users and investors, identifying a regulatory compliance issue at the Union itself. This offers the chance for Maltese companies subject to the Virtual Financial Assets Act to align themselves with such new requirements, an important step in reinforcing the regulatory environment.
On 1st July 2025, Bill 107, also known as the ‘Crypto Asset Markets Bill’, was discussed in the plenary session of the Maltese Parliament. It will amend the Virtual Financial Assets Act to bring its provisions into line with the EU’s Markets in Cryptoassets Regulation—the so-called MiCA. It will replace the amendments to introduce an expansive MiCA regime for cryptoassets, thus establishing a sound and coherent regulatory framework for cryptoassets.
Starting from 30 December 2025, MiCA would begin to apply directly in all EU Member States with common standards for the cryptoasset market throughout the Union. Malta, one of the first movers in regulating cryptoassets and cryptoasset service providers, has already brought its legislative framework in line with MiCA, especially with the recent amendments that came into effect in the VFA Act.
The Bill also seeks to consolidate this harmonization by providing a clear regime governing issuance and trading in cryptoassets, thus making explicit the terms of public offer and listing. It covers a few classes of cryptoassets, which include:
- Asset-Related Tokens, whose value is directly related to one or more assets, which could be commodities or even a fiat currency.
- Various forms of digital assets not falling under the above categories but nevertheless needing regulation.
- Electronic money tokens (EMTss) are a digital representation of fiat money for payment.
The Bill also amends the Banking Act to include relevant references to MiCA and regulates the issuance of EMTs and ARTs by adding more activities to the additional activities list that may be undertaken by banking organisations. It provides under the Bill the preconditions of crypto-asset service providers so that they can operate within a stable and reliable legal framework, which ensures a high level of investor protection, in conformity with international standards.
The Virtual Financial Assets Act, Cap 590, Laws of Malta, which came into effect in 2018, is one of the very first detailed regulatory attempts in the world regarding the regulation of initial offerings of virtual financial assets and virtual financial assets as such. This law targets consumer protection, development of the industry, and protection of interests of all stakeholders.
The VFA Act thus considers cryptocurrencies as VFAs, and a framework is put in place that involves clear and stringent regulations for various market participants, including issuers of cryptocurrencies, brokerages, managers of investment portfolios, custodians, holders of e-wallets, investment advisers, and obviously cryptocurrency exchanges.
It stipulates conditions under which ICOs are carried out, where one issues VFAs against any funds, an important ingredient in giving capital to businesses. Another major significant ingredient of the regulation is establishing whether licensing requirements shall apply to persons or entities offering VFAs or performing activities related to VFAs. This ensures that proper compliance controls are put in place and enhances transparency of transactions, hence boosting investor confidence in the cryptocurrency market.
The Virtual Financial Asset Act provides a full regulatory regime for ICOs and VFAs, and ancillary matters, such as the type of VFAs that may be traded through IVFAOs on DLT-based platforms. Under the required legal provision, a whitepaper must be filed with the MFSA for registration. For this very reason, a VFA must be permitted to trade on that specific platform. It shall contain all the necessary information, including full transparency in the use of funds raised, due diligence, and liability mechanisms in providing false information.
Within the meaning of the Act, an ICO is a financing mechanism using DLT technology whereby legal entities established in Malta issue VFAs against investment funds. The VFA Act and the Innovative Technology Agreements and Services Act, Chapter 592 of the Laws of Malta defines DLT as a digital database or registry which is maintained and safeguarded through the employment of a distributed architecture, in such a way that it is decentralised and at the same time resistant to the exercise of centralised control.
Under the Act, it further provides key prospectus requirements prior to the actual ICO issue, and also prescribes guidelines on advertisements with respect to IVFAOs or VFAs. It shall be honest and transparent in substance, in form, and in destination any promotional material whatsoever, at the origin of any form of marketing intended for encouraging the acquisition of VFAs or supplying any associated services, with a view to protect potential investors and build trust in new financial technologies.
Before the recent regulatory changes, the issuers of an ICO in Malta had to appoint a VFA agent approved by the Malta Financial Services Authority – MFSA. This measure was intended to ensure that all obligations related to the issuance and circulation of virtual financial assets would have been properly monitored and met. Such licensure encompasses any service related to VFAs and, therefore, includes order reception, transmission, and execution, portfolio management, custody, investment advice, and VFA exchange transactions, among others.
The VFA Act has undergone serious amendments with the aim of adapting it to the new regulatory framework brought about by the introduction of the MiCAR Regulation of the European Union. This is a necessary overhaul to set Malta as a leading destination for cryptoasset issuers and service providers. More precisely, Malta’s regulatory regime was found to be largely compliant with requirements under MiCAR, but key clarifications and additions came into light by the reformed VFA Act.
Amongst others, the amendments to the VFA Act included references to new categories of assets, specifically the ‘asset-linked token’ and ‘electronic money token’, in line with definitions and standards contained in the MiCA Regulations. This becomes particularly relevant in view of the entry into force of Sections III and IV of MiCAR, which, from 30 June 2025, will regulate the issuance and circulation of such tokens. These sections impose specific obligations on issuers and regulators in relation to the management and control of asset-linked tokens and e-money tokens, considerably strengthening the legal and regulatory framework against these kinds of assets in Malta.
Amongst the key amendments brought about in the revised Virtual Financial Assets Act was the abolition of the role of the VFA agent. This came as Malta sought to align national legislation with EU MiCAR, which does not provide for such a role. Due to the abolition, the responsibilities given to the VFA agent are now directly transferred to the issuers. This not only includes the provision of complete information and documentation to the MFSA but also includes an annual compliance certificate, in which case the issuers are made more responsible and transparent.
Other amendments to the law removed the requirement for VFA agents to apply for licenses on behalf of applicants. The applicants today can apply directly or through advisers, hence removing bureaucratic bottlenecks and streamlining the process of licensing.
These reforms simply signal the overall strategic objective of Malta to introduce a sound yet flexible regulatory regime that would address the rapid evolution of the cryptoasset market. Protection of consumer interests and integrity of the financial market continue to be key focal points, while cybersecurity and resilience also feature as prominent topics. One of the latest breakthroughs in Malta’s integration involves Artificial Intelligence and the Internet of Things to ensure a robust, scalable technological infrastructure supportive of innovation and an effective adoption of advanced fintech solutions.
Malta therefore continues to actively develop its regulatory and technological landscape, reinforcing its status as a jurisdiction of choice for innovative technologies and a recipient of international investment in fintech.
The fintech industry in Malta falls under the purview of numerous specialist regulators, with each one usually taking responsibility for a different heading on matters of regulation and enforcement.
The Malta Financial Services Authority (MFSA) is the key regulator for financial services, including FinTech. The MFSA carries out licensing, supervision and control functions for financial institutions on the island in terms of a two-tier regulatory model, providing prudential supervision of the financial soundness of organisations and consumer protection with the purpose of building confidence in the financial system and protecting the interests of depositors and investors.
Malta Digital Innovation Authority-World’s first regulator specializing in the oversight of innovative technology agreements, including projects based on DLT – blockchain technology. MDIA supports the creation and implementation of new technologies, while it also ensures compliance with regulatory standards, including voluntary technology agreement registration and certification.
The Financial Intelligence Analysis Unit plays a very important role in the fight against money laundering and the financing of terrorism. In its work of ensuring compliance with relevant regulations and standards by players in the financial sector, including fintech companies, the FIAU reinforces the integrity and security of Malta’s financial system internationally.
This integrated regulatory framework, therefore, provides for total oversight over the rapidly changing environment of the FinTech sector, matching innovation with stringent controls that help uphold high standards of transparency, safety, and accountability. It enables Malta to retain its reputation as one of the world’s leading centres of fintech innovation and thereby attracts capital and talent into the digital finance sector.
“Malta is recognized as a trustworthy location known for its secure commercial landscape, political steadiness, and favourable tax rates. Contact me, and I will assist you in establishing your business in Malta.”
FREQUENTLY ASKED QUESTIONS
How do I get a crypto license in Malta?
In order to obtain a crypto license in Malta, one must submit all necessary documents and complete the application process lead by Malta Financial Services Authority.
Is it necessary to contact the local tax authority in crypto activities on behalf of a Maltese company?
Yes. Crypto companies are subject to corporate and other taxes. In order to report their income and pay the taxes, they must contact the State Tax Inspectorate under the Ministry of Finance of Malta.
Is it necessary to contact the Office of the Commissioner for Revenue in crypto activities on behalf of a Maltese company?
Yes. In Malta, the Office of the Commissioner for Revenue is the official tax authority. Profits realised from crypto exchange are subject to corporate tax. However, in certain cases, tax deductions are applicable.
What are the activities of the crypto license in Malta?
The VFAA license comes in four classes, or levels: VFAA Class 1 allows the holder to receive and transmit orders and/ or provide investment advice related to virtual assets. VFAA Class 2 allows the holder to provide VFA-related services. But it doesn't allow the holder to operate a VFA exchange. VFAA Class 3 allows the holder to provide VFA services. But it doesn't allow the holder to operate a VFA exchange. VFAA Class 4 allows the holder to provide a full spectrum of VFA services. This license class also allows the holder to hold or control clients’ assets or money – something that is not included in any of the lower license classes.
How long does it take to get a license?
The period between the initial application and the final decision should take between three and four months.
Can non-residents of Malta own a crypto company?
Yes. However, physical presence of the owner is required during the application process. In cases where the applicant is a legal entity, it can either be constituted in Malta of abroad. In the latter occurrence, the applicant must register a branch and an office located in Malta.
Can non-residents of Malta be part of the board of a Maltese crypto company?
Yes. The board of directors and administrators must consist of a minimum of 2 individuals. At least one of them must have a physical presence in the country.
Is it necessary to have a banking account to obtain a licence?
Yes. If the business model of a crypto company involves the custody of assets and investors’ funds, the company needs to appoint a custodian for storing the VFAs. FIAT currencies are to be stored with an authorised bank/credit institution.
What is the minimum authorized capital for a virtual currency service provider?
In Malta, crypto exchanges are subject to an initial capital requirement of 730,000 euros.
For how long is a crypto-license issued?
The owner of a crypto license must pay an annual renewal fee to retain license validity.
Is it possible to deposit authorized capital in cryptocurrency?
No. Authorized capital should be deposited in a FIAT currency.
Why you should get a crypto license in Malta?
In the Fintech space, Malta is widely known as a very inviting environment to run a business. Since it is a small country, Malta is relatively quick to update its regulatory network to accommodate industry shifts and innovative concepts as well. Furthermore, unlike a handful of countries in continental Europe, Malta has developed a progressive attitude and approach to cryptocurrencies and blockchain technology. It also has a comprehensive regulatory network for crypto businesses, closely supervising consumer protection, promoting financial stability and creating a level playing field for everyone involved in the industry.
Are Maltese cryptocurrency companies audited?
Yes. In addition to appointing an internal auditor and a systems auditor, crypto companies in Malta must submit an external auditor’s report at least once a year.
Can the director of a crypto company be a non-resident of Malta?
No. Physical presence in the country is a formal requirement for the director of a crypto company. However, the director can also be a nominal representative.
What measures to prevent money-laundering and the financing of terrorism are in place in Malta?
Crypto companies functioning in Malta are formally required to appoint a money laundering reporting officer, a compliance officer and a risk manager. Every license applicant must also submit reports about their AML policies and procedures. Finally, the application must also contain information about the applicant’s due diligence systems and controls related to client onboarding and KYC.
When are measures to prevent money-laundering and the financing of terrorism applied in Malta?
These measures are first applied during the application process by requesting the applicant to submit relevant reports and information about their internal practices. Appointed compliance managers also ensure consistent compliance in internal processes on a regular basis.
What difficulties may arise in obtaining a crypto license in Malta?
Due to major changes in the regulatory framework in 2018, the MFA has become very selective and meticulous in the process of granting crypto licenses and supervising commercial activities carried out by licensed crypto companies. Class 4 license has become the most complicated to obtain and the process requires thorough preparation.
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