Rules


Click on the Rule or document required to view in PDF format.

The CRR and the CRDIV, which together constitute the CRD IV Package were published in the Official Journal (OJ) of the European Union on 27 June 2013. The CRD IV Package sets out the legal framework for the prudential regulation and supervision of credit institutions.

Member States are required to adopt and publish the laws, regulations and administrative provisions necessary to comply with CRDIV. Credit institutions shall refer to the provisions in CRDIV which shall apply until such time local legislation transposing the latter comes into force.

The CRR is directly applicable in all Member States and does not require national transposition. With the exception of certain articles, the CRR is applicable as from 1 January 2014.

As a result of the above, Directive 2006/48/EC and Directive 2006/49/EC have been repealed with effect from 1 January 2014.

The CRDIV package will be complemented by well over 100 Binding Technical Standards (BTS) i.e. Regulatory/Implementing Technical Standards (R/ITS), Guidelines, Lists which will be drafted by EBA and issued by the EU Commission as (automatically binding) EU Regulations.

Since the CRR covers most of the provisions which were found in Banking Rules, a number of such Rules have either been repealed in their entirety, or amended to remove those provisions covered by the CRR which no longer need transposition. Amendments to Banking Rules have also taken place to transpose provisions found in the CRDIV.

The following are the Rules which have been repealed or updated:

  • BR/02/2011 Large Exposures of Credit Institutions authorised under the Banking Act 1994 (repealed and replaced by relevant CRR provisions)
  • BR/03/2012 Own Funds of Credit Institutions Authorised under the Banking Act 1994 (repealed and replaced by relevant CRR provisions)
  • BR/04/2013 Capital Requirements of Credit Institutions Authorised under the Banking Act 1994 (repealed and replaced by relevant CRR provisions)
  • BR/07/2014 Publication of Annual Report and Audited Financial Statements of Credit Institutions Authorised under the Banking Act 1994 (partly repealed by relevant CRR provisions)
  • BR/08/2012 Capital Adequacy of Credit Institutions Authorised Under the Banking Act 1994 (repealed and replaced by relevant CRR provisions)
  • BR/09/2013 Measures Addressing Credit Risks Arising from the Assessment of the Quality of Asset Portfolios of Credit Institutions Authorised under the Banking Act 1994 (updated by BR/09/2016)
  • BR/10/2013 Supervision on a Consolidated Basis of Credit Institutions authorised under the Banking Act 1994 (repealed and replaced by relevant CRDIV and CRR provisions)
  • BR/12/2014 The Supervisory Review Process Of Credit Institutions Authorised Under The Banking Act 1994 (partly repealed and replaced by relevant CRDIV provisions)

These rules may still be found under Rules applicable up to 31 December 2013.

The above does not preclude that other changes could be required to be effected. References to Directives 2006/48/EC and 2006/49/EC throughout the Banking Rules shall be construed as references to the CRDIV and to the CRR and shall be read in accordance with the correlation table set out in Annex II to the CRDIV and in Annex IV to the CRR.

Credit institutions are to refer to the relevant articles in the CRR, R/ITS and any other Guidelines or EU legislation that may be issued from time to time.

Since the introduction of the Single Supervisory Mechanism (SSM), all new authorisations, withdrawals, and changes to qualifying shareholding structures of credit institutions are jointly reviewed by the MFSA together with the participation of the ECB. Please follow this link bankingsupervision to access the ECB’s AUT webpage for more details.

BR/01/2013 Application Procedures And Requirements For Authorisation Of Licences For Banking Activities Under The Banking Act 1994

  Explanatory Note

  Application Procedures and Requirements for Authorisation of Licences for Banking Activities under the Banking Act 1994

  Internet and Electronic Banking Questionnaire

  Application for Authority to carry out the Business of Banking in or from Malta

  Questionnaire for Qualifying Shareholders other than Individuals

  Personal Questionnaire

BR/02/2011 Large Exposures for Credit Institutions Authorised Under the Banking Act 1994

  Explanatory Note

BR/03/2012 Own Funds of Credit Institutions Authorised Under the Banking Act 1994

  Explanatory Note

BR/04/2013 Capital Requirements Of Credit Institutions Authorised Under the Banking Act 1994

  Explanatory Note

BR/05/2007 Liquidity Requirements of Credit Institutions Authorised Under the Banking Act 1994

  Liquidity Requirements of Credit Institutions authorised under the Banking Act 1994

  Annex 2 – Liquidity Maturity Ladder

  Annex 2 – Explanatory Notes

  Annex 3 & 4 – Liquidity Ratio – Deposit Liabilities

  Annex 5- Liquid-Asset Requirement

  Annex 5 – Explanatory Notes

  Annex 6 – Declaration Form to be used in filing Annexes 2 and 5 of the Rule

BR/06/2007 Statutory Financial Information To be Submitted By Credit Institutions Authorised Under the Banking Act 1994

  Statutory Financial Information to be submitted by Credit Institutions Authorised Under the Banking Act 1994

  Instructions to the Schedule Appendices 1 – 11

  Statutory Returns

BR/07/2014 Publication of Annual Report And Audited Financial Statements of Credit Institutions Authorised Under The Banking Act 1994.

  Explanatory Note

  Publication of Annual Report and Audited Report and Audited Financial Statements of Credit Institutions Authorised under the Banking Act 1994

  Appendix 1

  Appendix 2

  Appendix 3

BR/08/2012 Capital Adequacy Of Credit Institutions Authorised Under the Banking Act 1994.

  Explanatory Note

BR/09/2016 Measures Addressing Credit Risk Arising From the Assessment Of the Quality of Asset Portfolios Of Credit Institutions Authorised Under the Banking Act 1994. 

  Measures Addressing Credit Risks Arising from the Assessment of the Quality of Asset Portfolios of Credit Institutions Authorised under the Banking Act 1994

  Annex 1

  Annex 2

BR/10/2013 Supervision On A Consolidated Basis of Credit Institutions Authorised Under The Banking Act 1994.

  Explanatory Note 

BR/11/2007 Extension Of The Applicability Of The ‘Arm’s Length’ Principle By Credit Institutions Authorised Under The Banking Act 1994

  Extension of the Applicability of the ‘Arm’s Length’ Principle by Credit Institutions authorised under the Banking Act 1994

BR/12/2014 The Supervisory Review Process Of Credit Institutions Authorised Under The Banking Act 1994

  Explanatory Note

  The Supervisory Review Process of Credit Institutions authorised under the Banking Act 1994

  List of Appendices & Annexes

  Appendix 1 – Principles on Internal Governance

  Appendix 2 – Internal Capital Adequacy Assessment Process (ICAAP) – General Framework

  Appendix 3 – The Authority’s Supervisory Review and Evaluation Process (SREP) – General Framework

  Appendix 4 – Obligations of the Authority as Consolidating Supervisor

  Appendix 5 – Market Transparency on Asset Encumbrance and Monitoring thereof

BR/13/2009 Prudential Assessment Of Acquisitions And Increase Of Shareholdings In Credit Institutions Authorised Under The Banking Act 1994

  Prudential Assessment of Acquisitions and Increase of Shareholdings in Credit Institutions Authorised under the Banking Act 1994

BR/14/2009 Outsourcing By Credit Institutions Authorised Under The Banking Act 1994

  Outsourcing by Credit Institutions Authorised under the Banking Act 1994

  Annex 1 – Outsourcing Cloud Service Providers

BR/15/2015 Capital Buffers Of Credit Institutions Authorised Under The Banking Act 1994

  Capital Buffers of Credit Institutions Authorised Under the Banking Act 1994

BR/16/2018 Funding Plans For Credit Institutions Authorised Under The Banking Act 1994

  Funding Plans for Credit Institutions authorised under the Banking Act 1994

  Annex 1 – Definitions – Key Features

  Annex 2 – Guidance Templates – FOR INFORMATION PURPOSES ONLY

  Annex 3 – REPORTING TEMPLATES

BR/17/2016 “Management Expenses Contribution” Under The Depositor Compensation Scheme Regulations (Sl.371.09)

  “Management Expenses Contribution” under the Depositor Compensation Scheme Regulations (Sl.371.09)

BR/18/2016 ‘Risk-Based Method’ And The ‘Compensation Contribution Method’ Under The Depositor Compensation Scheme Regulations

  ‘Risk-Based Method’ and the ‘Compensation Contribution Method’ under the Depositor Compensation Scheme Regulations (S.L. 371.09)

BR/19/2016 Payment Commitment Under The Depositor Compensation Scheme Regulations (Sl.371.09)

  Payment Commitment under the Depositor Compensation Scheme Regulations (Sl.371.09)