On 31 December 2021, the FIAU found that Southern Cross SICAV plc (‘the Company’), a collective investment scheme offered to professional investors, to be in gross breach of its AML/CFT obligations. The imposition of the administrative penalty was justified on breaches of the Prevention of Money Laundering and Funding of Terrorism Regulations (‘PMLFTR’) and related FIAU Implementing Procedures (‘IPs’) as follows:-
Following the publication by the Malta Financial Services Authority ( ‘MFSA’) in December 2020 of its Guidance on Technology Arrangements, ICT and Security Management, and Outsourcing Arrangements (the ‘MFSA ICT Guidance’), and the issuance of a number of related circulars (the ‘ICT Circulars’), more recently, the MFSA sent to all Maltese regulated firms a questionnaire (the ‘ICT Questionnaire).
Aspida Malta’s Compliance Services Executive, Aaron Brancaleone, sets out his take on Implementing Procedures targeting Company Services Providers (CSPs) and Proposed Amendments to the Implementing Procedures – Part I.
Compliance was once seen as the ‘business prevention unit’, however here at Aspida from our very origins we have seen compliance as a business enabler and our practical and pragmatic tagline has become even more prevalent in recent years.
Whilst the Malta Financial Services Authority in Malta advocates that “RegTech solutions improve regulatory processes with the aim of helping authorised entities to comply with greater certainty and more efficiently to regulatory and supervisory requirements. .”, at Aspida we see utilising RegTech as wider to provide substantially more benefits to businesses.
It is obvious to most that knowing your stakeholders is key to success, but how many regulated financial services businesses consider a key external stakeholder to be regulators?
At first it was Health & Safety officers that were tagged the “business prevention team” then it was Compliance Officers. However, today it seems to be the corporate Governance team that has inherited that particularly unwelcome moniker.