Regulatory Compliance

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At Chetcuti Cauchi, we are well aware of the crucial importance of maintaining full regulatory compliance at all times, thus we help our clients from the onset even before they are granted an Investment Services Licence to ensure that their operational set up is fully compliant and will carry on being compliant with the relevant regulations.

Our seasoned compliance advisors have expert knowledge of the Malta Financial Services Authority (MFSA) and the Cyprus Securities and Exchange Commission (CySEC) procedures which allows us to guide our clients through their application process and ensure they are successful.

Our Regulatory Compliance Advisory Service

Licensed entities which require assistance in their day-to-day compliance or require advice on a particular regulatory matter may benefit from our regulatory compliance advisory services.

Regulatory compliance advisory service is mainly offered to licensed/authorised entities by the Malta Financial Services Authority, namely:

We offer a range of tailor-made regulatory compliance advisory services, including:

  • 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 and compliance plan
  • Advise on best practices and how to improve current systems and 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

At post-licensing, Licence Holders are bound to adhere to all the requirements and conditions laid down by the law and any supplementary regulations and the applicable Standard Licence Conditions which fall within the remit of regulatory compliance.

Licence Holders are required to establish and maintain a permanent and effective regulatory compliance function which is to operate independently from the other services of the Licence Holder. This compliance function is an essential part of a licensed business activity as it serves to detect any risk of failure on the part of the Licence Holder of not being fully compliant with his or her legal obligations.

This is where the role of the Compliance Officer becomes increasingly important. The compliance officer, which is appointed by the Licence Holder, would be responsible for the compliance function and would act as a contact point between the Licence holder and the regulator with regards to matters of compliance.

The Compliance Officer’s main responsibilities are:

  • Monitoring and assessing on a regular basis the adequacy and effectiveness of the measures and procedures put in place by the Licence Holder to comply with its obligations in accordance with the requirements of the Standard Licence Conditions and the actions taken to address any deficiencies;
  • To advise and assist the relevant persons responsible for carrying out Investment Services and activities to comply with the Licence Holder’s legal and regulatory obligations
  • The compliance officer may also act as the Licence Holder’s Money Laundering Reporting Officer.

The Compliance Officer is to have the necessary authority, resources, expertise and access to all relevant information of the Licence Holder in order to perform its functions.

At Chetcuti Cauchi we offer services as Compliance officers before a company is even granted a licence. At licensing stage we can inter alia assist clients with the drafting of required policy procedures which need to be submitted at this stage, as well as provide advisory services in relation to any query raised by the Authority during the review process.

At post licensing stage, our seasoned compliance lawyers ensure that the company is operating in a compliant manner and all compliance matters are seen to. Our broad industry expertise allows us to assist businesses from a variety of financial industry sectors. In addition, we assist in the preparation of regulatory returns, the drafting policies and procedures and submission of compliance reports to the Board of Directors, advise in relation to investor protection issues, handle statutory notification requirements and assist in their new relations with their regulators.



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