Employee Incentives

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One of the most effective means of rewarding employees for their service to the Company is by allowing them to acquire shares in the Company through a share award plan.

It is important to note that in the case of employee share award plans, the Maltese Investment Services Act provides an exemption from the requirement of obtaining a licence for investment services in relation to “a person operating a scheme or arrangement where the services provided consist of the execution of orders or the reception and transmission of orders for its own employees, former employees, their dependents, or for employees, former employees or their dependants of companies in the same group, in instruments issued by the company or other companies in the group and any other instruments as may be approved by the competent authority.”

This exemption is not automatically operative but is subject to the determination in writing by the Malta Financial Services Authority (MFSA) as the competent authority in Malta.

Related Practices

Global Residence Programme
Highly Qualified Persons Programme
Qualifying Employment in Innovation and Creativity Programme
Financial Services
I-Gaming
Shipping & Maritime

New EU Data Protection Regime

30/09/16

Setting up a UCITS in Malta

06/10/16

Investment Services Licence Categories

19/10/16

Data Protection by Design and by Default

01/11/16

The Proposed 5th Anti-Money Laundering Directive

11/11/16

The Role of the Data Protection Officer under the GDPR

15/11/16

Identity Malta Launches the Key Employee Initiative

22/11/16

Commission Issues New Proposal for Privacy Regulation

23/01/17

Amendment to Highly Qualified Persons Programme

30/01/17

Brexit Effects on the Insurance Industry

06/02/17

Issue of the Skill Games Regulations

09/02/17

“Ancillary Activities” under the MiFID II Directive

16/02/17

The Obligation to appoint a DPO under the GDPR

20/02/17

MFSA issues Guidance on Prevention of Financial Markets Abuse

22/02/17

Malta maintains Top Spot on Europe’s Ship Register

28/03/17

Is it Time to Coherently Regulate Blockchain?

03/04/17

GDPR – A Central Loop for Blockchain Deployment

02/08/17

Proposed Changes to Maltese Gaming Regulation

04/08/17

GTG Advocates Participates in Blockchain Malta Event

31/08/17

Dr Ian Gauci appointed to Malta’s Blockchain task force

20/09/17

GTG Advocates to Speak at Malta Innovation Summit

10/10/17

GTG Advocates Participates in Malta Innovation Summit

18/10/17

GTG Advocates to Speak at EY Malta Attractiveness Event

20/10/17

MFSA Consultation on Investments in Virtual Currencies

26/10/17

The Regulation of ICOs

30/10/17

GTG to Speak at ILS Blockchain and Smart Contracts Event

03/11/17

Gibraltar Regulates ‘Distributed Ledger Technology’

06/11/17

GTG to Speak at Technology 2020 Conference

07/11/17

GTG Advocates to Speak at EE Gaming Summit

20/11/17

MGA Issues New Service Provider Regime

21/11/17

Demystifying Smart Contracts

28/11/17

MFSA Paper on ICOs & Cryptocurrencies

30/11/17

MGA Issues Call of Interest on DLT & Cryptocurrencies

06/12/17

Issue of New Gaming Licence Fees

04/01/18

MFSA issues Feedback on PIFs investing in VCs

23/01/18

MFSA Issues Rules for CIS investing in VCs

30/01/18

MFSA Consultation on PSD2 Implementation

01/02/18

Revised AML requirements for Gaming Licensees

06/02/18

GTG Advocates to Speak at IFSP Conference

14/02/18

Government Issues Consultation on DLT Regulator

16/02/18

The DAO as a step forward for the Digital Economy

26/02/18

Could Blockchain be the new dawn for AML?

05/03/18

GTG Participates at Blockchain Malta Event

05/03/18

MFSA Consultation on Financial Instrument Test

16/04/18

Setting up a PIF in Malta

21/05/18

DLT and Cryptocurrencies Laws approved by Maltese Parliament

28/06/18

MFSA Issues Requirements for Investment-Based Crowdfunding

14/08/18

Registering a Ship Under the Maltese Flag

21/09/18

Guidelines on the use of Cryptocurrencies in the iGaming sector

09/10/18

MGA issues Alternative Dispute Resolution Directive

05/12/18

ESMA updates Q&As on Regulation of Credit Rating Agencies

20/12/18

Amendment of the Prevention of Money Laundering and Funding of Terrorism Regulations

21/12/18

MFSA Issues Consultation on Fintech Strategy

31/01/19

The MFSA’s AML & CFT Strategy

06/02/19

The Malta Gaming Authority signs MoU with the Swedish Gambling Authority

06/03/19

Loot Boxes – Gambling or not?

12/03/19

Air Pollution in Shipping: The Further Reduction of S02 Emissions 2020

18/04/19

MFSA Issues Consultation on FinTech Strategy First Pillar

17/07/19

MFSA issues Consultation on Amendments to Rules for Occupational Retirement Schemes

18/07/19

New Prospectus Regulation comes fully in force

23/07/19

Malta Implements Rules on Tax Dispute Resolution Mechanisms

19/08/19

AIFMD 2 approved by European Parliament and European Council

21/08/19

Recent Amendments to Maltese Tax Residence Programmes

26/08/19

MFSA Imposes National Intervention Measures on CFDs

29/08/19

ESMA issues Final Guidance on Liquidity Stress Tests for Investment Funds

02/09/19

The 6th AML Directive – What next for the fight against ML/FT Risks?

03/09/19

MGA launches Phase 2 of its Sandbox Regulatory Framework

12/09/19

Amendments to Malta’s Gaming Fees Regulation affecting addition of new gaming verticals and conditions for Start-up undertakings

16/10/19

Guidelines on the impact of BREXIT pulished by the MGA

16/10/19

Chambers and Partners FinTech Rankings 2020 – strong year for GTG Advocates & Caledo

16/01/20

Will 2020 be the year of reckoning for social media regulation?

26/01/20

Ship Arrest Under Maltese Law

12/02/20

Arrest of Ships in Malta: Practical Guidelines Issued

14/02/20

Amendments to the Prevention of Money Laundering Act

14/02/20

GTG Advocates ranked by Chambers & Partners in the European Ranking on Corporate/Commercial: Gaming & Licensing

13/03/20

Does your Insurance cover the Coronavirus?

20/03/20

COVID-19 Gaming related Updates

25/03/20

COVID-19: MGA issues Social Responsibility Warning

26/03/20

Additional precautionary measures to marine terminals and port service providers

26/03/20

MGA extends deadline for the submission of audited financial statements

26/03/20

COVID19 Measure: Deferral of Fees Owed to the Maltese Shipping Registry

06/04/20

The Comité Maritime International Issues a Questionnaire on Foreign Court Procedures and Flag Administrations

22/04/20

Newly Revised Legal Grounds for the Processing of Personal Health Data for Insurance Purposes

23/04/20

EIOPA issues Statement on Principles to mitigate the impact of COVID-19 on the Occupational Pensions Sector

06/05/20

Preventing Insider Offences in light of the COVID-19 Pandemic

07/05/20

The European Commission publishes its AML/ CFT Action Plan

11/05/20

MFSA issues Circular on the publication of the new Pension Rules for Occupational Retirement Schemes

22/05/20

Malta Implements the Securities Financing Transactions Regulation

24/05/20

FIAU consults on a centralised mechanism for the collection and retrieval of data

27/05/20

Revised procedures for maritime support services

28/05/20

Financial Services and Fintech Weekly Update

30/05/20

Amendments to the PMLFTR

03/06/20

Financial Services and Fintech Weekly Update

06/06/20

Fire and Abandon Ship Drills

07/06/20

MGA Updates: Amendments to the VFA Sandbox Regulatory Framework

11/06/20

Benefits of Cell Companies Extended to the Shipping and Aviation Sectors in Malta

22/06/20

MFSA Issues Amendments to Insurance Business Rules

30/06/20

Financial Services and Fintech Update

03/07/20

FIAU & MGA Update Implementing Procedures for online gaming

14/07/20

UKGC Propose further consumer protection measures on online slots

14/07/20

Financial Services and Fintech Update

18/07/20

Financial Services and Fintech Update

14/08/20

Financial Services and Fintech Update

27/08/20

Financial Services and Fintech Update

11/09/20

Financial Services and Fintech Update

26/09/20

Convergence in Law. The focus of the EU Digital Financial Package on technology assurance & new regulations on technology providers.

02/10/20

Electronic Money Institution Licensing in Malta

06/10/20

Collective Investment Scheme Setup in Malta

07/10/20

Financial Services and Fintech Updates

10/10/20

The Impact of Regulatory Sandboxes and Innovation Hubs in the FinTech Sphere

13/10/20

Financial Services and Fintech Updates

24/10/20

EU Approves New Crowdfunding Services Regulation

03/11/20

Financial Services and Fintech Updates

07/11/20

Financial Services and Fintech Updates

20/11/20

The Chimera of Legal Certainty under the proposed Regulation on Markets in Crypto-Assets (MiCA)

28/11/20

Financial Services and Fintech Updates

04/12/20

Chambers and Partners FinTech Legal Rankings 2021 – GTG Advocates retains Firm and Top Lawyer Ranking

11/12/20

Financial Services & FinTech Updates

19/12/20

Transfer of Virtual Financial Assets Becomes a Licensable Service in Malta

17/03/21

Financial Services & FinTech Updates

23/03/21

Related Publications

Qualifying Employment in Innovation and Creativity Programme

28/09/16

Highly Qualified Persons Programme

28/09/16

Global Residence Programme

28/09/16

GTG has assisted a number of multi-national companies in preparing their share award plan for their employees based in Malta. GTG can thus provide legal advice to companies on the share award plan to be implemented and whether it qualifies for the exemption from an investment services licence as provided under Maltese law. GTG is also able to provide further assistance on observing data protection laws and ensuring compliance with the Maltese Companies Act and the Maltese Employment and Industrial Relations Act.