CROWDFUNDING SERVICE PROVIDERS (FEES) REGULATIONS

CROWDFUNDING SERVICE PROVIDERS (FEES)

SUBSIDIARY LEGISLATION 637.01

CROWDFUNDING SERVICE PROVIDERS (FEES)

REGULATIONS

12th September, 2025

LEGAL NOTICE 196 of 2025.

(1)

The title of these regulations is the Crowdfunding

Service Providers (Fees) Regulations.

(2)

These regulations shall apply to fees falling due on or

after the coming into force of these regulations.

(1)

In these regulations, unless the context otherwise

requires:-

"the Act" means the Crowdfunding Service Providers

Act;

"competent

authority" means the Malta Financial

Services Authority established by the Malta Financial Services

Authority Act;

"crowdfunding service" shall have the same meaning as

assigned to it in paragraph (a) of Article 2(1) of the ECSP

Regulation;

"ECSP Regulation" means Regulation (EU) 2020/1503

of the European Parliament and of the Council of 7 October

2020 on European crowdfunding service providers for

business, and amending Regulation (EU) 2017/1129 and

Directive (EU) 2019/1937, as may be amended from time to

time, and includes any implementing measures, implementing

technical standards, regulatory technical standards, guidelines

and similar measures that have been or may be issued

thereunder;

"net revenue" means the gross revenue indicated in the

annual audited financial statements for the preceding year

which is derived from the provision of crowdfunding services,

less any commissions which have been paid or are to be paid to

third parties in connection with the provision of such services.

(2)

Words and expressions used in these regulations which

are also used in the Act, but which are not herein defined, shall have

the same meaning as assigned to them in the Act.

(1)

A legal person established in Malta intending to

provide crowdfunding services shall, upon submission of an

application to the competent authority for authorisation in accordance

CROWDFUNDING SERVICE PROVIDERS (FEES)

with article 6(1) of the Act and Article 12(1) of the ECSP Regulation,

pay to the competent authority an application fee of four thousand and

five hundred euro (€4,500) with respect to such application.

(2)

Where a person authorised under the Act and the ECSP

Regulation to provide crowdfunding services intends to provide

crowdfunding services in addition to those which it is authorised to

provide, it shall, upon submission of an application to the competent

authority in accordance with article 7(2) of the Act and Article 13(2)

of the ECSP Regulation, pay to the competent authority the application

fee established in sub-regulation (1), which application fee shall be

reduced by twenty five percent (25%).

(3)

Where a person authorised under the Act and the ECSP

Regulation to provide crowdfunding services intends to stop providing

one (1) or more, but not all, of the said services, it shall, upon the

submission of a request to the competent authority to modify its

authorisation accordingly, pay to the competent authority a

modification fee of one thousand euro (€1,000).

(1)

A person that is authorised under the Act and the

ECSP Regulation to provide crowdfunding services shall, subject to

the provisions of sub-regulation (3), pay to the competent authority the

following annual supervisory fee

(a)

three thousand and five hundred euro (€3,500) for

the first two hundred and fifty thousand euro (€250,000) in net

revenue or part thereof; and

(b) where applicable, four hundred euro (€400) for every

additional two hundred and fifty thousand euro (€250,000) in

net revenue or part thereof

Provided that, in any case, the annual supervisory fee

shall not exceed seven thousand and six hundred euro (€7,600).

(2)

Notwithstanding the provisions of sub-regulation (1), the

first annual supervisory fee due to the competent authority by a person

as referred to in the said sub-regulation shall be the aggregate of the

following

(a)

three thousand and five hundred euro (€3,500)

prorated according to the period remaining between the date

when such person is granted an authorisation under the Act and

the ECSP Regulation and the end of the calendar year in which

such authorisation was granted; and

(b)

three thousand and five hundred euro (€3,500)

prorated according to the period between the start of the

following calendar year and the date when the next supervisory

CROWDFUNDING SERVICE PROVIDERS (FEES)

fee is due in accordance with sub-regulation (3).

(3)

The first annual supervisory fee due in accordance with

sub-regulation (2) shall be paid to the competent authority on the date

when a person is granted an authorisation under the Act and the ECSP

Regulation, and every annual supervisory fee following the first

annual supervisory fee which is due by such person in accordance with

sub-regulation (1) shall be paid to the competent authority one (1)

month from the date of submission of the annual report in accordance

with Article 16(1) of the ECSP Regulation.

(1)

The fees established and due in accordance with

these regulations shall be non-refundable.

(2)

Without prejudice to regulation 4(2), the fees established

and due in accordance with these regulations shall not be prorated.