Consumer Credit Intermediaries (Admission) Regulations, 2026

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,682, 3 ta’ Lulju, 2026

L.N. 178 of 2026

BANKING ACT

(CAP. 371)

FINANCIAL INSTITUTIONS ACT

(CAP. 376)

Consumer Credit Intermediaries (Admission) Regulations, 2026

IN EXERCISE of the powers conferred by article 3(1) of the

Banking Act and article 12 of the Financial Institutions Act, the

Minister responsible for the regulation of financial services, acting on

the advice of the Malta Financial Services Authority, has made the

following regulations:-

(1) The title of these regulations is the Consumer Credit Citation, scope

and

Intermediaries (Admission) Regulations, 2026.

commencement.

(2) The scope of these regulations is to transpose the relevant

provisions of Article 37 of Directive (EU) 2023/2225 of the European

Parliament and of the Council of 18 October 2023 on credit

agreements for consumers and repealing Directive 2008/48/EC, in so

far as applicable to creditors as herein defined and these regulations

and any Credit Intermediaries Rules made thereunder shall be

interpreted and applied accordingly.

(3)

These regulations shall come into force on 20 November

2026.

(1) In these regulations, unless the context otherwise Interpretation.

requires

"Acts" means the Banking Act and the Financial Cap. 371.

Institutions Act;

"CCD Regulations" means the Banking Act (Consumer S.L. 371.23.

Credit) Regulations and the Financial Institutions Act S.L. 376.10.

(Consumer Credit) Regulations, as may be amended from time to

time;

"consumer" means a natural person who is acting either in

his own personal capacity or for the purposes of carrying out his

trade, business or profession;

''Consumer Credit Directive'' means the Directive (EU)

2023/2225 of the European Parliament and of the Council of 18

October 2023 on credit agreements for consumers and repealing

Directive 2008/48/EC, as may be amended from time to time,

and includes any binding legal instruments, guidelines and other

measures that have been, or may be issued thereunder;

"consumer credit agreement" means an agreement whereby

a creditor grants or promises to grant to a consumer, credit in the

form of a deferred payment, loan or other similar financial

accommodation, except for agreements for the provision on a

continuing basis of services or for the supply of goods of the

same kind, where the consumer pays for such services or goods

for the duration of their provision by means of instalments;

"competent authority" means the Malta Financial Services

Authority established by the Malta Financial Services Authority

Act;

"credit intermediary" means a natural or legal person who

is not acting as a creditor and not merely introducing, either

directly or indirectly, a consumer to a creditor, and who in the

course of his trade, business or profession, for remuneration,

which remuneration may take a pecuniary form or any other

agreed form of financial consideration

(a) presents or offers consumer credit agreements

to consumers;

(b) assists consumers by undertaking preparatory

work or other pre-contractual administration in respect of

consumer credit agreements, other than as referred to in

paragraph (a);

(c) concludes consumer credit agreements with

consumers on behalf of the creditor;

and the term "credit intermediation activities" shall be

construed and interpreted accordingly;

"creditor" means a legal person, duly authorised in

accordance with the Banking Act or the Financial Institutions

Act, as the case may be, to grant, or to promise to grant, credit;

"Credit Intermediaries Rules" means rules applicable to

credit intermediaries and other persons as specified therein,

which may be issued by the competent authority under these

regulations.

(2)

Words and expressions used in these regulations which are

not defined herein shall have the same meaning attributed to them in

the CCD Regulations insofar that the context so requires.

No credit intermediation activities in relation to a consumer Admission of a

credit agreement shall be provided in Malta unless they are provided credit

intermediary in

by a person duly admitted by the competent authority as a credit relation

consumer credit

intermediary in accordance with these regulations

agreement.

Provided that a creditor as defined in these regulations shall

not require admission by the competent authority in order to carry out

credit intermediation activities in relation to a consumer credit

agreement provided in Malta

Provided further that an admission obtained in accordance

with this regulation shall not entitle a credit intermediary to provide, or

to hold itself out as providing, such credit intermediation activities

from Malta, in territories outside Malta.

(1) Any natural or legal person intending to carry out all Application for

or any credit intermediation activities in or from Malta, shall apply admission.

with the competent authority for admission as a credit intermediary, in

accordance with these regulations

(2) An application for admission in terms of these regulations

shall be made in such form and manner and shall be accompanied by

such information and shall conform to such conditions as the

competent authority may, from time to time, establish in Credit

Intermediaries Rules. The application for admission shall be

accompanied by such fee as may be prescribed.

(3) The competent authority shall have the power to require

any person to provide such information as it may deem necessary for

the purpose of determining an application for admission

Provided that an application may only be withdrawn by an

applicant by written notice to the competent authority before

admission is granted or refused.

(4) In the event of reasonable doubt as to whether any credit

intermediation activities are or are not being carried out in or from

Malta by any person, the matter shall be conclusively determined by

the competent authority.

(1) The competent authority shall determine an Grant or refusal

of admission.

application for admission in accordance with these regulations by

(a)

granting an admission without conditions;

(b) granting an admission subject to such conditions as it

may deem appropriate; or

(c)

refusing to grant an admission

Provided that after having granted an admission, the

competent authority may, from time to time, vary or revoke any

condition so imposed or impose new conditions

Provided further that if the competent authority

refuses an application for admission, it shall inform the applicant

in writing of the reasons for the refusal.

(2) The competent authority shall not grant admission in terms

of these regulations unless it is satisfied that the information required

to be submitted in terms of these regulations and any Credit

Intermediaries Rules issued thereunder, has been duly submitted in a

complete manner.

(3) The competent authority shall not grant admission applied

for in terms of these regulations unless it is satisfied that the applicant

has complied with the applicable requirements of the Acts, the CCD

Regulations, these regulations, any applicable regulations, and any

Credit Intermediaries Rules issued thereunder

Provided that for the purposes of this sub-regulation, all

credit intermediaries shall comply with such requirements on a

continuing basis.

(4) A credit intermediary admitted in terms of these regulations

shall notify the competent authority with particulars of any changes in

the information provided to the competent authority in terms of the

Acts, the CCD Regulations, and any applicable regulations and any

Credit Intermediaries Rules issued thereunder, as soon as such credit

intermediary becomes aware of such change.

A credit intermediary admitted under these regulations,

including any person who has applied to be admitted as a credit

intermediary under these regulations, shall have both its head office

and its registered office in Malta, as applicable.

(1) The competent authority shall establish and maintain

a register of all credit intermediaries admitted in accordance with these

regulations, whether established as natural or legal persons. The

competent authority shall ensure that the register is kept up to date and

that it is publicly available on its website.

(2)

The

competent

authority

shall

establish

a

single

information point to allow quick and easy public access to information

from the register of credit intermediaries, which shall be compiled

electronically and kept constantly updated.

For the better carrying out of these regulations, the Credit

competent authority may issue, amend or revoke Credit Intermediaries Intermediaries

Rules.

Rules, as it shall consider appropriate for carrying into effect the

provisions of these regulations.

(1) The credit intermediary shall ensure that it complies Compliance and

on an ongoing basis with any applicable provisions of the Acts, the ongoing

obligations.

CCD Regulations, and any applicable regulations and any Credit

Intermediaries Rules issued thereunder, including these regulations,

and with any other applicable law.

(2) The credit intermediary shall pay such annual admission

fee as may be prescribed.

(1) The competent authority may withdraw the admission Withdrawal of

granted to a credit intermediary in accordance with regulation 5 where admission

credit

such a credit intermediary

intermediaries

and imposition

of restrictions.

(a)

has expressly renounced the admission;

(b) has not carried out credit intermediation activities for

the preceding six (6) months;

(c) is a legal person and has ceased to operate as a result

of a merger with another credit intermediary;

(d) has obtained the admission through false or

misleading statements or any other irregular means;

(e) no longer fulfils the conditions and, or requirements

under which admission was granted;

(f) has seriously or systematically infringed the

provisions of the Acts, these regulations, the CCD Regulations,

any applicable regulations, or any Credit Intermediaries Rules

issued thereunder;

(g) if any document or information accompanying an

application for an admission or any information given in

connection therewith is false in any material particular;

(h) conceals from, or fails to notify the competent

authority of, any document, information or any change therein

which it was duty bound to disclose or notify under any of the

regulations or rules referred to in paragraph (f);

(i) is a legal person and is declared bankrupt or goes into

liquidation or is otherwise dissolved; or

(j)

has insufficient assets to cover its liabilities.

(2) The competent authority shall, without undue delay, delete

from the register referred to in regulation 7 any credit intermediary

whose admission has been withdrawn in accordance with this

regulation.

(3) Without prejudice to any power of the competent authority

under any law, the competent authority may also impose restrictions

on an admission granted in terms of these regulations, as it shall

consider appropriate for the proper compliance by credit

intermediaries with the provisions of these regulations, the Acts, the

CCD Regulations, any Credit Intermediaries Rules issued thereunder

or any applicable regulations and, or with the conditions, if any, of its

admission. Such restrictions may include

(a) the removal of any officer of the credit intermediary

or the replacement of any officer by such person as the

competent authority may designate;

(b) the requirement for the credit intermediary to take or

refrain from any action; or

(c) the requirement that the credit intermediary be

prohibited from undertaking any transaction or any class of

business, or be permitted to undertake any transaction or any

class of business only upon such terms as the competent

authority may decide

Provided that the competent authority shall have the

power to vary or remove any restrictions imposed under this

regulation.

(4) Where the competent authority intends to restrict or

withdraw an admission or to vary any restriction, it shall serve written

notice of its intention on the credit intermediary. Such notice shall

specify the grounds upon which the competent authority intends to

take action and shall specify a period within which the credit

intermediary shall be entitled to make representations to the competent

authority as to the reason why such action should not be taken. Unless

the competent authority decides that the matter is urgent, it shall not

impose or vary any restriction or withdraw an admission before the

expiry of such period.

(5) Without prejudice to any provisions on the publication of

administrative measures and administrative penalties in the Malta

Financial Services Authority Act, where the competent authority is Cap. 330.

satisfied that the circumstances so warrant, it shall at any time make

public any action it has taken under this regulation.

(1) Without prejudice to any other power assigned to the Administrative

competent authority under the Acts, the CCD regulations, these penalties,

administrative

regulations and, or any other law, where a person falling within the measures

appeals.

scope of these regulations fails to comply with any of the provisions of

these regulations or any Credit Intermediaries Rules issued hereunder,

which further implement these regulations, the competent authority

may, by notice in writing and without recourse to a court hearing

impose on such person an administrative penalty which may not

exceed one hundred and fifty thousand euro (€150,000) for each

breach or failure to comply, as the case may be, or any other

administrative measure, as it may deem necessary.

(2) Administrative penalties that may be imposed by the

competent authority, may be imposed in the form of a fixed penalty, a

daily penalty, or both, and shall be effective, proportionate and

dissuasive.

(3) The provisions of article 16(4) of the Malta Financial Cap. 330.

Services Authority Act shall apply mutatis mutandis with respect to

any administrative penalty imposed by notice in writing by the

competent authority under sub-regulation (1).

(4) The imposition by the competent authority of an

administrative penalty or any other administrative measure in terms of

these regulations shall be without prejudice to any other consequence

emanating from the act or omission of the offender under civil or

criminal law

Provided that in all cases where the competent authority

imposes an administrative penalty in respect of anything done or

omitted to be done by any person, and such act or omission also

constitutes a criminal offence, no proceedings may be taken or

continued against the said person in respect of such criminal offence.

(5) A right of appeal before the Financial Services Tribunal

shall lie from the decisions taken by the competent authority in

accordance with these regulations and the provisions of article 21 of Cap. 330.

the Malta Financial Services Authority Act shall apply mutatis

mutandis.

€0.36