FINANCIAL MARKETS (FEES) REGULATIONS
Table of Provisions (15)
Statutory Text (15 Articles)
SUBSIDIARY LEGISLATION 345.28
FINANCIAL MARKETS (FEES) REGULATIONS
1 st January, 2025
LEGAL NOTICE 367 of 2024, as amended by Legal Notice 64 and
301 of 2025.
(1)
The title of these regulations is the Financial
Markets (Fees) Regulations.
(2) These regulations shall come into force on the 1 st
January 2025.
(3) These regulations shall apply to fees falling due on, or
after the coming into force of these regulations.
(regulations 3, 4, 5, 6 and 7)
Application Fee
Fees falling
Fees falling
Fees falling
due in 2027
due in 2025
due in 2026
and thereafter
(€)
(€)
(€)
45,000
60,000
75,000
Central securities depository
19,000
22,500
26,500
Central securities depository
also providing banking-type
ancillary services within the
49,000
52,500
56,500
meaning of Section C of the
Multilateral trading facility
37,500
52,500
67,500
Organised trading facility
37,500
52,500
67,500
(1)
In these regulations, unless the context
otherwise requires:-
"Act" means the Financial Markets Act;
"binding legal instrument" means any directly applicable
measures, including but not limited to, any implementing
technical standards, regulatory technical standards or similar
measures, issued under European Union legislation;
"Capital Markets Rules" means the Capital Markets
Rules issued by the competent authority in accordance with
article 13 of the Act;
"competent authority" means the Malta Financial
Services Authority established by the Malta Financial Services
Authority Act;
"CSDR" means Regulation (EU) No. 909/2014 of the
European Parliament and of the Council of the 23 July 2014 on
improving securities settlement in the European Union and on
central securities depositories and amending Directives 98/26/
EC and 2014/65/EU and Regulation (EU) No. 236/2012, as
may be amended from time to time, and any binding legal
instruments, guidelines and other measures that have been or
may be issued thereunder;
"debt securities" means securities which create or
acknowledge indebtedness;
"equity securities" means shares and other securities
equivalent to shares in companies, as well as any other type of
securities giving the right to acquire any of the aforementioned
FINANCIAL MARKETS (FEES)
securities as a consequence of their being converted or the rights
conferred by them being exercised, provided that securities of
the latter type are issued by the issuer of the underlying shares
or by an entity belonging to the group of the said issuer;
"ISIN" means the international securities identification
number assigned to a security;
"issuer" means any legal entity which issues or proposes
to issue securities;
"market capitalisation" means the aggregate market value of the
securities traded on the trading venue, represented in euro or euro
equivalent amount, at the time when the annual supervisory fee is due
in accordance with these regulations;
"multilateral trading facility" means a person that is
licensed under the Investment Services Act to provide, or hold
himself out as providing, the investment service set out in item
9 of the First Schedule to the said Act;
"organised trading facility" means a person that is
licensed under the Investment Services Act to provide, or hold
himself out as providing, the investment service set out in item
11 of the First Schedule to the said Act;
"Prospectus Regulation" means Regulation (EU) No.
2017/1129 of the European Parliament and of the Council of
14 June 2017 on the prospectus to be published when
securities are offered to the public or admitted to trading on a
regulated market, and repealing Directive 2003/71/EC, as may
be amended from time to time, and any binding legal
instruments, guidelines and other measures that have been or
may be thereunder;
"sponsor" means a person providing advice, guidance
and expertise to issuers applying, or intending to apply, for
admissibility to listing of securities on a local regulated market
under the Act, and as may be prescribed.
(2) Words and expressions used in these regulations which
are defined in the Financial Markets Act or in the Investment
Services Act, but which are not herein defined shall have the same
meaning as assigned to them in the respective Acts, as applicable.
(regulations 3, 4, 5, 6 and 7)
FINANCIAL MARKETS (FEES)
Annual Supervisory Fee
Fees falling
Fees falling
Fees falling
due in 2027
due in 2025
due in 2026
and thereafter
(€)
(€)
(€)
Regulated market with market
capitalisation
from €nil to €5 billion
60,000
80,000
100,000
over €5 billion up to €10
80,000
100,000
120,000
billion
over €10 billion up to €25
100,000
120,000
140,000
billion
over €25 billion up to €50
120,000
140,000
160,000
billion
over €50 billion
140,000
160,000
180,000
Central securities depository
25,000
30,000
35,000
Central securities depository
also providing banking-type
ancillary services within the
85,000
90,000
95,000
meaning of Section C of the
Annex to the CSDR
Multilateral trading facility
with market capitalisation
from €nil to €5 billion
50,000
70,000
90,000
over €5 billion up to €10
70,000
90,000
110,000
billion
over €10 billion up to €25
90,000
110,000
130,000
billion
over €25 billion up to €50
110,000
130,000
150,000
billion
over €50 billion
130,000
150,000
170,000
Organised trading facility with
market capitalisation
from €nil to €5 billion
50,000
70,000
90,000
over €5 billion up to €10
70,000
90,000
110,000
billion
over €10 billion up to €25
90,000
110,000
130,000
billion
over €25 billion up to €50
110,000
130,000
150,000
billion
over €50 billion
130,000
150,000
170,000
FINANCIAL MARKETS (FEES)
Amended by:
(1) A body corporate or unincorporate that intends to
provide the services of a regulated market in or from Malta shall,
upon submission of an application to the competent authority for
authorisation in accordance with article 4 of the Act, pay to the
competent authority an application fee as established in the First
Schedule, as applicable, with respect to such application.
(2) A regulated market authorised in accordance with article
4 of the Act shall, subject to the provisions of sub-regulation (4), pay
to the competent authority an annual supervisory fee as established in
the Second Schedule, as applicable.
(3) Notwithstanding the provisions of sub-regulation (2),
the first annual supervisory fee due to the competent authority shall
be the annual supervisory fee established in the Second Schedule, as
applicable, prorated according to the period remaining between the
date when the regulated market is granted an authorisation in
accordance with article 4 of the Act and the end of the calendar year
in which such authorisation was granted.
(4) The first annual supervisory fee due in accordance
with sub-regulation (3) shall be paid to the competent authority on
the date when the regulated market is granted an authorisation
under the Act, and every annual supervisory fee following the first
annual supervisory fee which is due in accordance with sub-
regulation (2) shall be paid to the competent authority on the 1st
January of each calendar year.
(regulation 8)
L.N. 64 of 2025.
Prospectus Fees
Document
Article 6 of the Prospectus Regulation
Registration document
Article 9 of the Prospectus Regulation
Universal
registration
document
Article 14 of the Prospectus Regulation Registration document
for secondary issuances
Article 15 of the Prospectus Regulation Registration document
for
EU
growth
prospectus
Article 6 of the Prospectus Regulation Securities note
Article 14 of the Prospectus Regulation Securities
note
for
secondary issuances
Article 15 of the Prospectus Regulation Securities note for EU
growth prospectus
Article 6 of the Prospectus Regulation / Prospectus/
Article 8 of the Prospectus Regulation Base prospectus
Article 14 of the Prospectus Regulation Prospectus/Base
prospectus
for
secondary issuances
Article 15 of the Prospectus Regulation EU growth prospectus/
Base prospectus
Article 23 of the Prospectus Regulation Supplement
Full valuation report
immovables
Chapter 7 of the Capital Markets Rules
Full valuation report
movables
Full valuation report
other (shares, intangible
assets, etc.)
Condensed
valuation
report
Article 8 of the Prospectus Regulation
Final terms filing fee
FINANCIAL MARKETS (FEES)
Listing Fees
Securities to be listed
Fee (€)
Equity securities
15,000
Collective investment schemes
2,000
Added by:
Fourth Schedule
(regulation 8A)
L.N. 301 of 2025.
Covered Bond Programme Fees
Fee (€)
Application fee
15,000
Annual supervisory fee
25,000.
Added by:
Fifth Schedule
(regulation 8B)
L.N. 301 of 2025.
Sponsor Fees
Fee (€)
Application fee
2,000
Fixed annual supervisory fee
Variable annual supervisory fee
1,000
Maximum fee
10,000
(1)
A person that intends to establish and operate a
central securities depository in Malta or to provide, or hold itself out
to be providing, the service of a central securities depository in or
from Malta shall, upon submission of an application to the competent
authority for authorisation in accordance with article 24 of the Act,
pay to the competent authority an application fee as established in the
First Schedule, as applicable, with respect to such application.
(2) A central securities depository authorised in accordance
with article 25 of the Act shall, subject to the provisions of sub-
regulation (4), pay to the competent authority an annual supervisory
fee as established in the Second Schedule, as applicable.
(3) Notwithstanding the provisions of sub-regulation (2),
the first annual supervisory fee due to the competent authority shall
be the annual supervisory fee established in the Second Schedule, as
applicable, prorated according to the period remaining between the
date when the central securities depository is granted an authorisation
in accordance with article 25 of the Act and the end of the calendar
year in which such authorisation was granted.
(4) The first annual supervisory fee due in accordance
with sub-regulation (3) shall be paid to the competent authority on
the date when the central securities depository is granted an
authorisation under the Act, and every annual supervisory fee
following the first annual supervisory fee which is due in accordance
with sub-regulation (2) shall be paid to the competent authority on
the 1st January of each calendar year.
(1)
A person that intends to provide, or hold
himself out as providing, the investment service set out in item 9 of
the First Schedule to the Investment Services Act shall, upon
submission of an application to the competent authority for a licence
in accordance with article 5 of the Investment Services Act, pay to
the competent authority an application fee as established in the First
Schedule, as applicable.
(2) A multilateral trading facility shall, subject to the
provisions of sub-regulation (4), pay to the competent authority an
annual supervisory fee as established in the Second Schedule, as
applicable.
(3) Notwithstanding the provisions of sub-regulation (2),
the first annual supervisory fee due to the competent authority shall
be the annual supervisory fee established in the Second Schedule, as
applicable, prorated according to the period remaining between the
date when the multilateral trading facility is licensed as such and the
end of the calendar year in which such licence was granted.
(4) The first annual supervisory fee due in accordance with
sub-regulation (3) shall be paid to the competent authority on the date
when the multilateral trading facility is licensed as such and every
annual supervisory fee following the first annual supervisory fee
which is due in accordance with sub-regulation (2) shall be paid to
the competent authority on the 1st January of each calendar year.
(1)
A person that intends to provide, or hold
himself out as providing, the investment service set out in item 11 of
the First Schedule of the Investment Services Act shall, upon
submission of an application to the competent authority for a licence
in accordance with article 5 of the Investment Services Act, pay to
the competent authority an application fee as established in the First
Schedule, as applicable.
(2) An organised trading facility shall, subject to the
provisions of sub-regulation (4), pay to the competent authority an
annual supervisory fee as established in the Second Schedule, as
applicable.
(3) Notwithstanding the provisions of sub-regulation (2),
the first annual supervisory fee due to the competent authority shall
be the annual supervisory fee established in the Second Schedule, as
applicable, prorated according to the period remaining between the
date when the organised trading facility is licensed as such and the
end of the calendar year in which such licence was granted.
(4)
The first annual supervisory fee due in accordance with
sub-regulation (3) shall be paid to the competent authority on the date
when the organised trading facility is licensed as such and every
annual supervisory fee following the first annual supervisory fee
which is due in accordance with sub-regulation (2) shall be paid to
the competent authority on the 1st January of each calendar year.
(1)
Notwithstanding the provisions of regulations 3 to
6, where more than one (1) application fee is due in accordance with the
said regulations, such application fees, other than the highest of the said
application fees, shall be reduced by twenty five percent (25%).
(2)
Notwithstanding sub-regulation (1) and regulation 5(1) of
the Investment Services Act (Fees) Regulations, where an application
fee is due in accordance with regulation 5 and, or 6 in addition to any
one (1) or more application fees which are due in accordance with
regulations 3 and, or 4 and regulation 3 of the Investment Services Act
(Fees) Regulations, such application fees, other than the highest of the
said application fees, shall be reduced by twenty five percent (25%).
(3)
Notwithstanding the provisions of these regulations and
without prejudice to regulation 5(2) of the Investment Services Act
(Fees) Regulations, where a person authorised under the Act and, or
licensed under the Investment Services Act intends to obtain an
additional authorisation and, or to provide an additional investment
service, the application fee due by such person in accordance with these
regulations with respect to every such authorisation and, or investment
service shall be reduced by twenty five percent (25%)
Provided that, for the purposes of this sub-regulation
(a)
"authorisation" means an authorisation as required
by regulated markets and central securities depositories in
accordance with articles 4 and 24 of the Act respectively, as
applicable;
(b)
"authorised" means authorised as a regulated
market and, or a central securities depositary in accordance with
articles 4 and 25 of the Act, as applicable;
(c)
"investment service" means any of the investment
services referred to in items 9 and 11 of the First Schedule to the
Investment Services Act; and
(d)
"licensed" means licensed as an investment service
licence holder in accordance with article 6 of the Investment
Services Act, to provide, or hold himself out as providing, the
investment service set out in item 9 and, or 11 of the First
Schedule to the Investment Services Act, as applicable.
(4)
Notwithstanding the provisions of regulations 3 to 6
where more than one (1) annual supervisory fee is due in accordance
with the said regulations, such annual supervisory fees, other than the
highest of the said annual supervisory fees, shall be reduced by twenty
five percent (25%).
(5) Notwithstanding sub-regulation (4) and regulation 5(4) of
the Investment Services Act (Fees) Regulations, where an annual
supervisory fee is due in accordance with regulations 5 and, or 6 in
addition to any one (1) or more annual supervisory fees which are due
in accordance with regulations 3 and, or 4 and regulation 4 of the
Investment Services Act (Fees) Regulations, such annual supervisory
fees, other than the highest of the said annual supervisory fees, shall be
reduced by twenty five percent (25%).
A person applying to the competent authority for the
approval of a prospectus and, or the admissibility to listing of
securities on a local regulated market shall, upon submission of an
application to the competent authority for approval or admissibility in
accordance with article 15 of the Act, pay to the competent authority
the fees established in the Third Schedule, as applicable
Provided that the fee due in accordance with this
regulation with respect to every debt security assigned an ISIN,
including Malta Government stocks, shall be the following
(a)
where the market capitalisation of a debt
security is up to twelve million and five hundred thousand
euro (€12,500,000), thirteen thousand euro (€13,000);
(b)
where the market capitalisation of a debt
security is more than twelve million and five hundred
thousand euro (€12,500,000) but less than fifty million euro
(€50,000,000)
(i)
ten thousand euro (€10,000) for the first
twelve million and five hundred thousand euro
(€12,500,000) in market capitalisation; and
(ii) three thousand euro (€3,000) for every
additional two million and five hundred thousand euro
(€2,500,000) in market capitalisation or part thereof;
(c)
where the market capitalisation of a debt
security is more than fifty million euro (€50,000,000)
(i)
fifty five thousand euro (€55,000) for
the first fifty million euro (€50,000,000) in market
capitalisation; and
(ii) two thousand and five hundred euro
(€2,500) for every additional two million and five
hundred thousand euro (€2,500,000) in market
capitalisation or part thereof
Provided further that, in any case, the
aggregate of the amounts referred to in sub-paragraphs (i) and
(ii) of paragraph (c) of the first proviso shall not exceed one
hundred thousand euro (€100,000).
(1)
A credit institution that intends to issue a covered
bond programme shall, upon submission of an application to the
competent authority for approval in accordance with article 31D of the
Act, pay to the competent authority an application fee as established in
the Fourth Schedule.
(2)
A credit institution shall, subject to the provisions of sub-
regulation (3), pay to the competent authority an annual supervisory
fee as established in the Fourth Schedule with respect to every covered
bond programme which was approved by the competent authority.
(3)
The first annual supervisory fee due in accordance with
sub-regulation (2) shall be paid to the competent authority on the date
when the covered bond programme is approved by the competent
authority and annually thereafter on the date when such approval was
granted.
(4)
The first annual supervisory fee due in accordance with
sub-regulation (3) shall be paid to the competent authority on the date
when a sponsor is registered under the Act, and every annual
supervisory fee following the first annual supervisory fee which is due
in accordance with sub-regulation (2) shall be paid to the competent
authority on the 31st st January of each calendar year.
(1)
A person that intends to act as a sponsor in Malta,
or hold itself out to act as such shall, upon submission of an
application to the competent authority for registration in accordance
with article 12B of the Act, pay to the competent authority an
application fee as established in the Fifth Schedule.
(2)
A person registered as a sponsor in accordance with
article 12B of the Act shall, subject to the provisions of sub-regulation
(4), pay to the competent authority an annual supervisory fee which
shall be the aggregate of the following
(a)
the fixed annual supervisory fee established in the
Fifth Schedule; and
(b)
where applicable, the variable annual supervisory
fee for every application for the admissibility to listing of
FINANCIAL MARKETS (FEES)
securities on a local regulated market submitted to the
competent authority, in relation to which a sponsor was
appointed to provide his services as such during the preceding
calendar year
Provided that the variable annual supervisory fee
shall not exceed the maximum annual supervisory fee
established in the Fifth Schedule.
(3) Notwithstanding the provisions of sub-regulation (2), the first
annual supervisory fee due to the competent authority shall be the
fixed annual supervisory fee established in the Fifth Schedule prorated
according to the period remaining between the date when the sponsor
was registered under the Act and the date when the next annual
supervisory fee is due in accordance with sub-regulation (4).
(1)
The fees established and due in terms of these
regulations shall not be refundable.
(2) Without prejudice to the provisions of regulations 3(3),
4(3), 5(3) and 6(3), the fees established and due in terms of these
regulations shall not be prorated.