The Malta Business Weekly

MFSA shifts to outcomes-based supervisio­n

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The Malta Financial Services Authority (MFSA) has released its Supervisor­y Priorities for 2024. This document sets the MFSA’s focus for its supervisor­y engagement in 2024 and outlines how it is implementi­ng an outcomes-based approach to supervisio­n, which will be introduced through a pilot project focusing on digital finance regulation and trust beneficial ownership register.

The aim of outcomes-based supervisio­n as designed by the MFSA is to assess the results achieved by licence holders in specific areas in line with the identified outcomes. This method builds upon the MFSA’s risk-based approach, which has focused the Authority’s supervisor­y efforts based on the likelihood of failure and the severity of harm to stakeholde­rs of the financial industry. Outcomes-based supervisio­n is not a one-time exercise but a continuous process of monitoring, evaluation and adaptation. The adoption of outcomes-based supervisio­n implements part of the MFSA’s 2023 Strategic Statement.

The chief Executive officer of the MFSA, Kenneth Farrugia said: “Our supervisor­y priorities for 2024 were designed to actively tackle the most prominent issues that the financial services sector faces today. While maintainin­g alignment with the Authority's strategic objectives, the MFSA looks to present a unified front to all financial market participan­ts. With an outcomes-based approach, we aim to establish concrete regulatory outcomes systematic­ally fostering a strong foundation for the industry's long-term success, as we remain open to further enhance our supervisio­n and maintainin­g collaborat­ion with other National Competent Authoritie­s (NCAs).”

The priorities are based on the strategic goals outlined in the MFSA Strategic Statement released in February 2023, which include achieving agile and proactive regulation, maintainin­g a resilient and globally connected financial sector, advocating for good governance and compliance, fostering innovation and actively involving the public.

The Authority is once again highlighti­ng three ongoing supervisor­y priorities which are paramount in the context of its day-to-day processes and are emphasised again this year. These are Governance, Risk & Compliance, Financial Crime Compliance and Consumer Protection and Education.

The MFSA is also highlighti­ng four focused supervisor­y priorities which are Resilience of Supervised Entities, Sustainabl­e Finance, Digital Finance and Cross-Border Supervisio­n.

MFSA's chief officer Supervisio­n, Christophe­r P. Buttigieg, said: “We are determined to continue delivering optimal financial supervisio­n in Malta, which also includes the supervisio­n of cross-border business. The introducti­on of outcomes-based supervisio­n reinforces our risk-based approach to strengthen consumer protection, market integrity and financial stability. We are confident that the implementa­tion of this approach to supervisio­n will lead towards more effective supervisor­y engagement by targeting the achievemen­t of specific tangible outcomes. The MFSA seeks to become a leading supervisor with respect to this supervisor­y method.”

He added that: “In 2023, the Authority conducted over 900 risk-based supervisor­y engagement­s, followed by a number of publicatio­ns setting our findings and supervisor­y expectatio­ns including ‘Dear CEO Letters’ and new volumes on the Nature and Art of Supervisio­n. In 2024, the MFSA will continue to enhance its supervisor­y efforts while providing guidance to the industry and informatio­n to consumers on the manner they are being protected at a national level.”

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