Setting up a Bank in Malta
Transcription
Setting up a Bank in Malta
Setting up a Bank in Malta March 2013 Why Malta ? Overview of the Maltese economy Malta became the smallest member state of the EU in May 2004 and joined the eurozone in January 2008. The Maltese economy has remained resilient and achieved positive growth rates in the wake of the global financial crisis and the EU sovereign debt crisis. Malta has one of the best e- government services within the EU and there is strong government drive to promote the financial services sector. English, a joint official language with Maltese, is universally spoken and written and is the principle language of education and business. Many Maltese are fluent in Italian, and may also speak German and French French. The Maltese have a very high regard for education and some 60% of students remain in education to tertiary level. Malta’s main trading partners are the United Kingdom, Germany, Italy and France. According to the latest European Commission economic forecasts, the Maltese economy is expected to grow by 1.5% and 2% in 2013 and 2014 respectively, while inflation is projected to stabilise at 2.2% and the unemployment rate to remain low, at just over 6%. Important economic sectors are tourism, electronics tourism electronics, pharmaceuticals pharmaceuticals, remote gaming, ICT and Financial Services. Malta is increasingly being viewed as an alternative to Luxembourg and Ireland, especially in the field of insurance, funds and investment services The financial services sector currently contributes about 15% to GDP and is targeted to contribute around 25% of GDP by 2015. © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 2 Why Malta? Factors contributing to Malta’s competitive advantage Flexible, legal and regulatory environment with a legislative Maltese standard time is one hour ahead of Greenwich framework in line with EU Directives. Malta is fundamentally a civil law jurisdiction, jurisdiction however business legislation is principally based upon English law principles Mean Time (GMT) and six hours ahead of US Eastern Standard Time (EST) so business runs smoothly with the international community With an excellent infrastructure , Malta may boast of more than 16 years of offering cross-border financial services Malta boasts a high level of education with graduates representing a cross-section of the various disciplines related to financial services. Specific training in financial services is offered at various post post-secondary secondary and tertiary education levels. The accounting profession is wellestablished on the island. Accountants are either university graduates or in possession of a certified accountant qualification (ACA/ACCA) No restrictions on the granting of work permits for EU and An ever-growing supply of high-quality office space for rent at cheaper p p prices than Western Europe p Malta’s development as an international financial centre is reflected in the range of financial services available. Complementing the traditional retail functions, banks are increasingly offering private and investment banking, project finance, treasury services and syndicated loans. Malta also hosts a number of institutions specializing in trade-related products such as structured trade finance, factoring and forfeiting. forfeiting Major international accountancy firms, including the Big 4 firms, are present on the island EEA nationals International Financial Reporting Standards entrenched A very competitive titi t tax regime, i also l f expatriates for ti t and d extensive and growing, double taxation treaty network A flexible and proactive regulator that is very approachable and business-minded © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. in company p y legislation g and applicable pp since 1997,, so no local GAAP requirements to deal with Most audit and legal firms form part of international legal networks; with many practitioners pursuing training and studies overseas 3 Global Competitiveness Index 2012-2013 rankings How Malta scored The World Economic Forum Forum’s s Centre for Global Competitiveness and Performance through its Global Competitiveness Report and report series, aims to mirror the business operating environment and competitiveness of over 140 economies worldwide. The Report identifies advantages as well as impediments to national growth thereby offering a unique benchmarking tool to the public and private sectors as well as academia and civil society. y The Report provides an analysis of their strengths and weaknesses related to national competitiveness using the Global Competitiveness Index as the main methodology. Competitiveness is defined as “the set of institutions, policies, and factors that determine the level of productivity of a country” and is gauged on 12 pillars. With Switzerland topping the overall rankings rankings, th th Malta is ranked 47 overall, 15 in terms of financial market development and 21st in terms of technological readiness. Source: GCI Report, 2012-2013 © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 4 The integrated approach of the Malta Financial Services Authority (MFSA) The Malta Financial Services Authority (MFSA) is the single regulator for financial services in Malta and regulates banking, insurance, pensions and investment services (securities) business. The MFSA adopts a firm but flexible approach to regulation. regulation The licensing process is personalised Regulation is business-friendly and mindful of Co-ordinates the development of cross-sector policy initiatives and enables the MFSA to address market and regulatory developments as they arise Supervision Units are responsible for the post-licensing ongoing supervision of the regulated entities in their respective area business needs Business oriented and hence mindful of Regulatory Development transposing all potentially beneficial discretionary clauses in EU Directives The regulator is extremely conscious of reputational risk Supervision is risk based and minimally intrusive Insurance & Pensions S Supervision i i Banking Supervision p Securities & Markets S Supervision i i Several institutions in Malta choose to target “niche” segments of the market The MFSA is open to new business models As from 2010 the MFSA has adopted a Single Regulator ‘Integrated’ Approach which includes a single Authorisation Unit, Specialist S Supervision i i U Units it and daR Regulatory l t Development Unit © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. Authorisation Receives and p processes all applications pp for authorisations to conduct regulated financial services in Malta 5 Taxation in Malta Corporate taxation – general issues A Maltese licensed financial services institution carrying out international operations from Malta may benefit from Malta’s beneficial tax system Malta has a full imputation tax system which completely eliminates the economic double taxation of company profits. Shareholders in receipt of dividends are entitled to a tax credit equal to the tax borne on the profits out of which the dividends are paid. Since the tax rate of 35% applicable to companies is also the highest tax rate in Malta, shareholders will not suffer any additional tax on the receipt of dividends. In support of Malta’s drive to eliminate economic double taxation, ever since 1994 Malta has adopted a system of tax refunds to shareholders, upon a distribution of dividends. Various refunds are available which may reduce the effective tax rate on profits distributed by Maltese resident companies to between nil and 6.25%. The tax refund system, vetted by the EU Commission, extends to both resident and non-resident shareholders, and applies to all profits derived from local and foreign sources with the exclusion of profits derived directly or indirectly from immovable property situated in Malta. Participation Exemption Transfer Pricing Value Added Tax (VAT) implications A participation exemption with respectt to t income i derived d i d ffrom qualifying equity holdings is available. There are no transfer pricing rules in Malta. No Capital Gains Thin Capitalisation The transfer of shares in a resident company by a nonresident is exempt from tax, provided there are no interests in immovable o ab e p property ope ty ssituated tuated in Malta. There are no thin capitalisation rules in Malta. Malta operates a value added tax (VAT) system t based b d on th the EU VAT Di Directive. ti Under Maltese VAT law, supplies made by collective investment schemes as well as by their managers and administrators are deemed exempt without credit. This means that no VAT is chargeable thereby, whereas any VAT chargeable thereto by other service providers (such as accountants, auditors, lawyers) will be absorbed thereby. Controlled Foreign Company (CFC) rules There are no CFC rules in Malta. © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 6 Taxation in Malta Corporate taxation – the tax refund system Upon a distribution of profits by a company registered in Malta (i.e. a company resident in Malta or a non-resident company which has a Maltese branch), its shareholders are entitled to claim the following tax refunds of the Malta tax charge of the distributing company: The general rule is that the tax refund is 6/7ths of the Malta tax charge of the distributing company. company The tax refund is generally 30% (6/7ths of 35%) of taxable profits and where no double taxation relief (‘DTR’) has been claimed, the effective tax in Malta on distributed profits will generally be 5%. Thus where foreign taxes suffered are 5% or more, the effective Malta tax suffered after tax refunds is nil; On certain foreign source income, where double taxation relief has been claimed, the Malta tax suffered will generally be as follows: 1 Where foreign taxes are less than 11.67%, 1. 11 67% the Malta tax suffered will be between 2.49% 2 49% and 6.25%; 6 25%; 2. Where foreign taxes are 11.67% or more, the Malta tax suffered is nil. No DTR With DTR Revenue 1000 1000 Operating Expenses (200) (200) Tax Depreciation including intangibles (200) (200) Royalty Expenses (200) (200) Interest Expense (300) (300) Taxable Profit 100 100 Tax at 35% 35 35 Relief for foreign tax (5) 35 30 (30) (30) Tax suffered in Malta 5 0 % Tax suffered in Malta 5.0% 0.0% 6/7ths tax refund © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 7 Taxation in Malta Personal taxation Highly Qualified Expatriates working in Financial Services may benefit from a flat rate tax of 15%, in terms of the Highly Qualified Persons Rules, 2011 ... The 15% flat rate is imposed up to a maximum income of €5 000 000 over which the remaining amount is exempt from tax. €5,000,000 tax This rate applies for a maximum consecutive period of five years for EEA and Swiss nationals and for a maximum consecutive period of four years for third country nationals In order to accede to this beneficial tax rate, the individual must be employed by a company licensed and/or recognised by the MFSA and must hold an eligible office. An ‘eligible office’ is an employment in one of the following posts: CEO, CRO, CFO, COO, CTO; Portfolio Manager, CIO, Senior Trader or Trader, Senior Analyst, Actuarial Professional, Chief Underwriting Officer, Chief Insurance Technical Officer; Head of Marketing, Head of Investor Relations. In order to be eligible for the reduced rate of 15%, an expatriate must satisfy the following conditions: Minimum employment income of €75,000 (excluding value of fringe benefits) from holding eligible office Employment contract in terms of Maltese law and relating to the exercise of genuine and effective work for the employer Possession of professional qualifications proven to MFSA’s MFSA s satisfaction MFSA is satisfied that the individual performs activities of an eligible office MFSA is satisfied that the expatriate: (i) receives sufficient stable and regular resources; (ii) resides in a p accommodation meeting gg general health and safety y standards; ((iii)) p possesses a valid travel “comparable” document; (iv) possesses sickness insurance; and (v) is not domiciled in Malta. © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 8 Banking in Malta General rules governing the establishment of a bank in Malta Setup of Banks physically operating in Malta A Bank may operate in Malta as: For an entity to be licensed as a bank or credit institution in Malta, the entity must have the intention to take deposits from the public The meaning of the word “public” should not be interpreted to mean only Maltese residents. Some banks are set up to provide services only to non-Maltese residents A bank may be set up as a private or public limited liability company A bank must have a minimum issued share capital of EUR 5 000 000 5,000,000 It would be licensed to carry out the business of Banking in terms of the Banking Act The bank is to abide b by the ongoing obligations of the Banking Act and the subsidiary legislation thereunder A Maltese bank is supervised on an ongoing basis by the Malta Financial Services Authority (MFSA) © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. A Bank licensed in Malta by the MFSA An EU bank (credit institution) exercising its right to passport into Malta and establishing a branch A non-EU licensed bank establishing a branch of the same bank in Malta A representative office of a bank licensed in another jurisdiction 9 Background and general information on banks operating in Malta Banking in Malta has a rich history with roots that can be traced back to at least the earliest decades of th nineteenth the i t th century t when h th the fi firstt b banking ki institutions were established. The founding g tradition of banking g in Malta is fundamentally British in view of the fact that Malta is a former British colony. This affinity with British standards in banking was broken during the 1970s when the larger banks in Malta were nationalised. As at March 2013, there were 26 credit institutions licensed to operate in and/or from M lt as shown Malta, h iin th the ttable bl on th the nextt page. The most recent entrants to the scene are IIG Bank (Malta) Ltd, Deutsche Bank (Malta) Limited and FCM Bank Limited, which were granted a banking licence by the MFSA in 2010 and AgriBank plc and Ferratum Bank (Malta) Limited which were granted a licence in 2012. The range of banking activities varies significantly i ifi l and d iin this hi respect, the h C Centrall B Bank k of Malta classifies these banks into three categories: Core domestic banks ((banks which have a widespread branch network, provide a full spectrum of banking services and are core providers of credit and deposit services in Malta); Non-core domestic banks (banks which play a more restricted role in the economy, as the volume of operations and the banking services they offer to residents are somewhat limited; and IInternational t ti l banks b k (banks (b k which hi h h have virtually i t ll no links with the domestic economy). © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 10 Licensed credit institutions in Malta AgriBank plc IIG Bank (Malta) Ltd Akbank T.A.S. TA S Investkredit International Bank plc APS Bank Limited Izola Bank Limited Banif Bank (Malta) plc Lombard Bank Malta plc Bank of Valletta plc Mediterranean Bank plc BAWAG Malta Bank Ltd NBG Bank Malta Limited CommBank Europe Limited Nemea Bank Ltd Deutsche Bank (Malta) Limited Raiffeisen Malta Bank plc Erste Bank (Malta) Limited Saadgroup Bank Europe Limited (SBEL) FCM Bank Limited Sparkasse Bank Malta plc Ferratum Bank (Malta) Limited Turkiye Garanti Bankasi A S FIMBank plc VoiceCash Bank Limited HSBC Bank Malta plc Volksbank Malta Limited Non-EU Banks’ Branches Akbank T.A.S (Turkish) Turkiye Garanti Bankasi A S (T ki h) (Turkish) © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 11 Authorised credit institutions – jurisdictional origins HSBC Bank Malta plc Bank of Valletta plc Bawag Malta Bank Ltd AgriBank plc Banif Bank (Malta) plc Lombard Bank Malta plc Volksbank Malta Ltd Deutsche Bank (Malta) Limited Ferratum Bank (Malta) Ltd Nemea Bank Ltd (PE fund) Mediterranean Bank plc APS Bank Ltd Raiffeisen Malta Bank plc FCM Bank Malta Ltd Turkiye Garanti Bankasi AS (branch) Erste Bank ((Malta)) Limited (PE fund) FIMBank plc VoiceCash Bank Limited IIG Bank (Malta) Ltd CommBank Europe Ltd © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. Sparkasse Bank Malta plc Saadgroup Bank Europe Ltd Investkredit International Bank plc Akbank TAS (branch) NBG Bank Malta Ltd Izola Bank Limited 12 Financial Soundness of the Banking Sector In a survey of business opinion carried out for the World Economic Forum in 2012 Malta’s Malta s banking system was ranked the 13th soundest in the world. The aggregate solvency ratio of the Maltese banking system is very high high. This figure is to an extent influenced by the presence of some heavily capitalised banks. The liquidity position of the banking sector was broadly unaffected by the recent financial turmoil, given the low reliance of Maltese banks on interbank funding and their high dependence on retail deposits. Regular stress tests undertaken by the Central Bank of Malta continued to confirm resilience to hypothetical adverse scenarios. Financial Soundness Indicators – Total Banks (Percentages) 2010 2011 2012* Regulatory capital to risk-weighted assets (CAR) 57.72 56.78 54.36 Regulatory Tier 1 capital to riskweighted assets (CCAR) 55.14 54.22 51.94 Non-performing loans net of provisions to capital 12.66 6.76 7.58 Non-performing loans to total gross loans 2.58 3.25 3.47 Return on assets (ROA) 1.80 1.12 1.11 R Return on equity i (ROE) 11 80 11.80 5 08 5.08 5 37 5.37 Interest margin to gross income 49.81 79.11 88.28 Liquid assets to total assets 16.46 16.11 16.96 Liquid assets to short-term liabilities 47.53 49.59 53.43 * As at June 2012 Source: Central Bank of Malta Financial Stability Report Update, 2012 The Table provides a snapshot of key Financial Soundness Indicators (FSIs). © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 13 Key banking indicators Malta – EU (June 2012) Ratio Malta (All Banks) EU Domestic Banks Cost-to-income ratio (% of total income) 25.50% 62.02% Total loans and advances (% of total assets) 63.13% 56.12% Financial assets held-for-trading (% of total assets) 1.55% 17.45% A-F-S financial assets (% of total assets) 22.70% 4.34% Tangible equity/Tangible total assets 18.55% 4.41% Overall Solvency Ratio 51.55% 14.11% Tier 1 Ratio 49.22% 11.49% Return on equity 5.73% 2.65% Return on Assets 1.07% 0.13% Source: European Central Bank (ECB) Consolidated Banking Data (June 2012) Note: figures may not necessarily tally precisely with those reproduced in the previous slide due to data revisions © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 14 Financial Soundness of the Banking Sector “The existence of a sound regulatory g y system, y , effective risk management practices and prudent lending policies have combined to minimise the banks’ exposure to bad or dubiouslyvalued assets. Investment portfolios are in fact highly diversified, with minimal holdings of asset-backed securities, while the domestically-oriented banks’ measured approach to credit is reflected in loan-to-deposit and residential loan-to-value ratios that average around 79% and 73%, respectively.” The Challenges facing Malta's Banking System - Speech by Michael C. Bonello, Governor, Central Bank of Malta at the Second Annual Conference of Finance Malta, 2009 “Banks have so far withstood the global financial turmoil relatively well, as they were protected by their limited exposure to structured products, products a traditional retail funding model, and a conservative lending policies. Credit has proven resilient, and no government intervention to shore up capital or liquidity has been necessary ... The Executive Directors noted that past efforts at fiscal consolidation and export diversification toward high-value-added services activities in tthe e run-up u up to eu euro o adopt adoption o had ad increased c eased tthe e resilience es e ce o of tthe e Maltese economy ... Directors observed that the banking sector has weathered the global crisis relatively well and that capital ratios remain adequate.” IMF Executive Board, Article IV Consultation Staff Report, September 2009 © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 15 The local banking legislative and regulatory framework Banking Act, 1994 Ch. 371 of the Laws of Malta Supplemented by Regulations issued under the Act Banking Rules issued by the MFSA © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 16 Setting up a banking operation in Malta The application and licensing process Phase One Phase Two Preparatory Licence Application Initial meeting g with the MFSA Authorisation Unit Communication of the applicant’s intended activities to the regulator Preliminary indication by the regulator to move to the second stage Submission of documents in draft form to the MFSA Authorisation Unit Fit and proper tests carried out by MFSA on the applicant MFSA feedback on documents Phase Three Post Licensing & Pre Commencement of Business Applicant pp to satisfy y all p post licensing matters prior to formal commencement of business Ongoing supervision by the Banking Supervision Unit Provision of replies to MFSA queries by applicant Completion of review of the application and all documents to the satisfaction of the MFSA MFSA will issue its ‘in principle’ approval subject to licence conditions Applicant to finalize all outstanding matters and submit full application in final format Registration of company establishing the institution requesting a licence Issuing of official licence © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 17 Application process Criteria for licensing a bank in Malta in terms of the Banking Act Minimum amount of Own Funds – EUR 5,000,000. Minimum of 2 individuals effectively directing the business (“four eyes principle”). “Fit and Proper” Test - Persons directing the business and all shareholders holding more then 10% in the Bank’s equity are subject to extensive due diligence checks. checks Application Documents Form 1 – of Banking Rule 01 (BR/01) – Application For Authority To Carry Out The Business Of Banking In or From Malta. Form 2 – of BR/01 – Questionnaire for Institutional Shareholders. Form 3 – of BR/01 - Personal Questionnaire for individuals who are, are or are proposing to become Directors, Directors Controllers or Managers. A Business plan covering the first 3 years of operations, including three year financial projections and projected regulatory ratios. Audited financial statements of the parent institution . Memorandum and Articles of Association of the parent undertaking (if applicable) . Draft Memorandum and Articles of Association of the proposed bank . Details of the operations of the parent institution/entity. Internet and Electronic Banking Questionnaire as part of BR/01(if required). © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 18 Ongoing obligations – Depositor Compensation Scheme Introduction The Depositor Compensation Scheme is a rescue fund of failed banks which are licensed by the MFSA. Every credit institution which is licensed in Malta under the Banking Act to accept deposits from depositors held in any designated currency shall participate in and contribute to the Scheme. Contributions When a credit institution becomes a participant in the Scheme its obligations include that it shall pay contributions and establish a Reserve. The contributions payable under the Scheme are the following: Initial Contribution; Supplementary S pplementar Contribution; Contrib tion and Special Contribution Initial contribution The initial contribution shall be paid within 30 days from the date when the credit institution shall become liable to participate in and contribute to the Scheme. The amount per participant shall be €23,300 per participant Supplementary contribution In every calendar the accumulated supplementary contributions for each participant shall be equivalent to the value arrived at by multiplying the amount of the eligible deposits as at the end of the year immediately preceding the year of assessment with the percentage rate that is applicable to the year of assessment in accordance with the following sequence: © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 19 Ongoing obligations – Depositor Compensation Scheme Year of Assessment Percentage applied 2012 0 133% 0.133% 2013 0.166% 2014 0.2% Special contribution Every participant shall establish a Depositor Compensation Scheme Reserve for the payment of its Special Contribution. y of assessment,, the Reserve of each participant p p shall consist of funds,, the accumulated value of which shall In everyy year be not less than the value arrived at by multiplying the amount of the eligible deposits of that participant as at the end of the year immediately preceding the year of assessment with the percentage rate of 0.67%. Funds in the Reserve shall be held by the credit institution at all times in admissible assets, and shall be pledged in favour of the Depositor Compensation Scheme in guarantee of the participants’ liabilities Year of Assessment Percentage applied 2012 0.713% 2013 0.757% 2014 0.8% © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 20 European Passporting rights Maltese licensed financial services institutions may exercise the right to passport to other EU and EEA states either by way of the freedom of establishment in another member state or via the freedom to provide services Passporting under freedom of establishment (establishment of a branch) The Maltese financial services institution intending to establish a branch outside Malta shall give the MFSA notice of its intention to do so. Together with this notice, the applicant must also submit a business plan in the form of a ‘Programme of Operations’ outlining its intended corporate and commercial strategies, organisational structure, systems and controls, and details of any tied agents. A financial forecast statement for profit and loss and cash flow (both over a 12-month period) must also be submitted. The MFSA is to give notice to the foreign regulator of the institution’s desire to passport within 3 months of receiving the original request from the institution. The Maltese financial services institution may commence activity in the other jurisdiction either upon receipt of notice from the regulatory authority in the other jurisdiction of the applicable provisions by which the branch must abide; or after the elapse of two months from the date on which the MFSA has given its consent notice to the regulator in the other jurisdiction and there has been no receipt of any communication from the European regulatory authority. The institution is to abide with the regulatory g y requirements q of the countryy in which it is establishing g the branch. Passporting under freedom of services (provision of services) The Maltese financial services institution intending to provide services outside Malta shall give the MFSA a notice of intention. The MFSA is to give notice to the foreign regulator of the institution’s desire to passport within 1 month of receiving the original request from the institution. The institution may commence services on receiving the consent notice from the MFSA and shall abide by any general good provisions the foreign authority may stipulate thereof. © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 21 Fees An application fee is payable to the MFSA on submission of the final application. Upon the successful completion of the application process a one time licensing fee is to be paid. An annual fee is payable if and when a licence is issued and on every subsequent anniversary thereafter. The supervision fee is equivalent to 0.000175 of the institution’s deposit liabilities as reported at the end of the year preceding year immediately before the year in which the fee is payable. Fees are also payable annually to the Registrar of Companies. Application Fee Licensing Fee Supervision Fee E Euro E Euro E Euro 12,500 18,000 0.000175 of deposit liabilities 21,250 (minimum) Company Registration Fee Company Annual Return Fee Euro Euro 2,250 (maximum) 1,400 (maximum) Public and Private Limited Companies © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 22 KPMG’s Financial Services Industry Focus KPMG is a leader in providing professional services to the financial services industry worldwide. In fact, fi financial i l services i i KPMG’s is KPMG’ largest l t line li off business. b i Locally KPMG is a leader in providing audit, tax and advisory services to entities in the financial services sector. KPMG’s client base includes a high proportion of Maltese public interest entities ((comprising g listed companies, banks, and insurance companies) Audit Services to Local Banks KPMG has a dedicated Risk Consulting advisory team, led by Juanita Bencini, and a financial services audit team with specialised expertise in the banking sector, sector led by Noel Mizzi. This means that our people have extensive day-to-day exposure to all areas of the banking industry and engage in constant communication with the Regulator. Our Risk Consulting advisory team has assisted ten of the present complement of banks to set up in Malta. The graphs below illustrate KPMG’s share of the market split between audit services and total services in July 2012 Audit, Tax and Advisory Services to Local Banks 4% 17% 21% 33% KPMG Other KPMG PwC Deloitte 25% Ernst & Young 21% BDO © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 79% 23 Key contacts Juanita Bencini Partner – Risk Consulting Advisory Services KPMG in Malta +356 2563 1053 [email protected] www.kpmg.com.mt Antoniella Gauci Malcolm Bray Senior Manager g – Risk Consulting g Advisoryy Services Senior Manager g – Risk Consulting g Advisory y Services KPMG in Malta KPMG in Malta +356 2563 1038 +356 2563 1178 [email protected] [email protected] www.kpmg.com.mt www.kpmg.com.mt © 2013 KPMG, a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. 24 © 2013 KPMG, KPMG a Maltese civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and ‘cutting through complexity’ are registered trademarks or trademarks of KPMG International C Cooperative i (KPMG IInternational). i l)