Employee Incentives
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
Related News
New EU Data Protection Regime

Setting up a UCITS in Malta

Investment Services Licence Categories

Data Protection by Design and by Default

The Proposed 5th Anti-Money Laundering Directive

The Role of the Data Protection Officer under the GDPR

Identity Malta Launches the Key Employee Initiative

Commission Issues New Proposal for Privacy Regulation

Amendment to Highly Qualified Persons Programme

Brexit Effects on the Insurance Industry

Issue of the Skill Games Regulations

“Ancillary Activities” under the MiFID II Directive

The Obligation to appoint a DPO under the GDPR

MFSA issues Guidance on Prevention of Financial Markets Abuse

Malta maintains Top Spot on Europe’s Ship Register

Is it Time to Coherently Regulate Blockchain?

GDPR – A Central Loop for Blockchain Deployment

Proposed Changes to Maltese Gaming Regulation

GTG Advocates Participates in Blockchain Malta Event

Dr Ian Gauci appointed to Malta’s Blockchain task force

GTG Advocates to Speak at Malta Innovation Summit

GTG Advocates Participates in Malta Innovation Summit

GTG Advocates to Speak at EY Malta Attractiveness Event

MFSA Consultation on Investments in Virtual Currencies

The Regulation of ICOs

GTG to Speak at ILS Blockchain and Smart Contracts Event

Gibraltar Regulates ‘Distributed Ledger Technology’

GTG to Speak at Technology 2020 Conference

GTG Advocates to Speak at EE Gaming Summit

MGA Issues New Service Provider Regime

Demystifying Smart Contracts

MFSA Paper on ICOs & Cryptocurrencies

MGA Issues Call of Interest on DLT & Cryptocurrencies

Issue of New Gaming Licence Fees

MFSA issues Feedback on PIFs investing in VCs

MFSA Issues Rules for CIS investing in VCs

MFSA Consultation on PSD2 Implementation

Revised AML requirements for Gaming Licensees

GTG Advocates to Speak at IFSP Conference

Government Issues Consultation on DLT Regulator

The DAO as a step forward for the Digital Economy

Could Blockchain be the new dawn for AML?

GTG Participates at Blockchain Malta Event

MFSA Consultation on Financial Instrument Test

Setting up a PIF in Malta

DLT and Cryptocurrencies Laws approved by Maltese Parliament

MFSA Issues Requirements for Investment-Based Crowdfunding

Registering a Ship Under the Maltese Flag

Guidelines on the use of Cryptocurrencies in the iGaming sector

MGA issues Alternative Dispute Resolution Directive

ESMA updates Q&As on Regulation of Credit Rating Agencies

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

MFSA Issues Consultation on Fintech Strategy

The MFSA’s AML & CFT Strategy

The Malta Gaming Authority signs MoU with the Swedish Gambling Authority

Loot Boxes – Gambling or not?

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

MFSA Issues Consultation on FinTech Strategy First Pillar

MFSA issues Consultation on Amendments to Rules for Occupational Retirement Schemes

New Prospectus Regulation comes fully in force

Malta Implements Rules on Tax Dispute Resolution Mechanisms

AIFMD 2 approved by European Parliament and European Council

Recent Amendments to Maltese Tax Residence Programmes

MFSA Imposes National Intervention Measures on CFDs

ESMA issues Final Guidance on Liquidity Stress Tests for Investment Funds

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

MGA launches Phase 2 of its Sandbox Regulatory Framework

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

Guidelines on the impact of BREXIT pulished by the MGA

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

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

Ship Arrest Under Maltese Law

Arrest of Ships in Malta: Practical Guidelines Issued

Amendments to the Prevention of Money Laundering Act

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

Does your Insurance cover the Coronavirus?

COVID-19 Gaming related Updates

COVID-19: MGA issues Social Responsibility Warning

Additional precautionary measures to marine terminals and port service providers

MGA extends deadline for the submission of audited financial statements

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

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

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

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

Preventing Insider Offences in light of the COVID-19 Pandemic

The European Commission publishes its AML/ CFT Action Plan

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

Malta Implements the Securities Financing Transactions Regulation

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

Revised procedures for maritime support services

Financial Services and Fintech Weekly Update

Amendments to the PMLFTR

Financial Services and Fintech Weekly Update

Fire and Abandon Ship Drills

MGA Updates: Amendments to the VFA Sandbox Regulatory Framework

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

MFSA Issues Amendments to Insurance Business Rules

Financial Services and Fintech Update

FIAU & MGA Update Implementing Procedures for online gaming

UKGC Propose further consumer protection measures on online slots

Financial Services and Fintech Update

Financial Services and Fintech Update

Financial Services and Fintech Update

Financial Services and Fintech Update

Financial Services and Fintech Update

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

Electronic Money Institution Licensing in Malta

Collective Investment Scheme Setup in Malta

Financial Services and Fintech Updates

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

Financial Services and Fintech Updates

EU Approves New Crowdfunding Services Regulation

Financial Services and Fintech Updates

Financial Services and Fintech Updates

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

Financial Services and Fintech Updates

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

Financial Services & FinTech Updates

Transfer of Virtual Financial Assets Becomes a Licensable Service in Malta

Financial Services & FinTech Updates

Related Publications
Qualifying Employment in Innovation and Creativity Programme

Highly Qualified Persons Programme

Global Residence Programme

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.
Related Practices
Related News
New EU Data Protection Regime

Setting up a UCITS in Malta

Investment Services Licence Categories

Data Protection by Design and by Default

The Proposed 5th Anti-Money Laundering Directive

The Role of the Data Protection Officer under the GDPR

Identity Malta Launches the Key Employee Initiative

Commission Issues New Proposal for Privacy Regulation

Amendment to Highly Qualified Persons Programme

Brexit Effects on the Insurance Industry

Issue of the Skill Games Regulations

“Ancillary Activities” under the MiFID II Directive

The Obligation to appoint a DPO under the GDPR

MFSA issues Guidance on Prevention of Financial Markets Abuse

Malta maintains Top Spot on Europe’s Ship Register

Is it Time to Coherently Regulate Blockchain?

GDPR – A Central Loop for Blockchain Deployment

Proposed Changes to Maltese Gaming Regulation

GTG Advocates Participates in Blockchain Malta Event

Dr Ian Gauci appointed to Malta’s Blockchain task force

GTG Advocates to Speak at Malta Innovation Summit

GTG Advocates Participates in Malta Innovation Summit

GTG Advocates to Speak at EY Malta Attractiveness Event

MFSA Consultation on Investments in Virtual Currencies

The Regulation of ICOs

GTG to Speak at ILS Blockchain and Smart Contracts Event

Gibraltar Regulates ‘Distributed Ledger Technology’

GTG to Speak at Technology 2020 Conference

GTG Advocates to Speak at EE Gaming Summit

MGA Issues New Service Provider Regime

Demystifying Smart Contracts

MFSA Paper on ICOs & Cryptocurrencies

MGA Issues Call of Interest on DLT & Cryptocurrencies

Issue of New Gaming Licence Fees

MFSA issues Feedback on PIFs investing in VCs

MFSA Issues Rules for CIS investing in VCs

MFSA Consultation on PSD2 Implementation

Revised AML requirements for Gaming Licensees

GTG Advocates to Speak at IFSP Conference

Government Issues Consultation on DLT Regulator

The DAO as a step forward for the Digital Economy

Could Blockchain be the new dawn for AML?

GTG Participates at Blockchain Malta Event

MFSA Consultation on Financial Instrument Test

Setting up a PIF in Malta

DLT and Cryptocurrencies Laws approved by Maltese Parliament

MFSA Issues Requirements for Investment-Based Crowdfunding

Registering a Ship Under the Maltese Flag

Guidelines on the use of Cryptocurrencies in the iGaming sector

MGA issues Alternative Dispute Resolution Directive

ESMA updates Q&As on Regulation of Credit Rating Agencies

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

MFSA Issues Consultation on Fintech Strategy

The MFSA’s AML & CFT Strategy

The Malta Gaming Authority signs MoU with the Swedish Gambling Authority

Loot Boxes – Gambling or not?

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

MFSA Issues Consultation on FinTech Strategy First Pillar

MFSA issues Consultation on Amendments to Rules for Occupational Retirement Schemes

New Prospectus Regulation comes fully in force

Malta Implements Rules on Tax Dispute Resolution Mechanisms

AIFMD 2 approved by European Parliament and European Council

Recent Amendments to Maltese Tax Residence Programmes

MFSA Imposes National Intervention Measures on CFDs

ESMA issues Final Guidance on Liquidity Stress Tests for Investment Funds

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

MGA launches Phase 2 of its Sandbox Regulatory Framework

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

Guidelines on the impact of BREXIT pulished by the MGA

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

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

Ship Arrest Under Maltese Law

Arrest of Ships in Malta: Practical Guidelines Issued

Amendments to the Prevention of Money Laundering Act

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

Does your Insurance cover the Coronavirus?

COVID-19 Gaming related Updates

COVID-19: MGA issues Social Responsibility Warning

Additional precautionary measures to marine terminals and port service providers

MGA extends deadline for the submission of audited financial statements

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

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

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

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

Preventing Insider Offences in light of the COVID-19 Pandemic

The European Commission publishes its AML/ CFT Action Plan

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

Malta Implements the Securities Financing Transactions Regulation

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

Revised procedures for maritime support services

Financial Services and Fintech Weekly Update

Amendments to the PMLFTR

Financial Services and Fintech Weekly Update

Fire and Abandon Ship Drills

MGA Updates: Amendments to the VFA Sandbox Regulatory Framework

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

MFSA Issues Amendments to Insurance Business Rules

Financial Services and Fintech Update

FIAU & MGA Update Implementing Procedures for online gaming

UKGC Propose further consumer protection measures on online slots

Financial Services and Fintech Update

Financial Services and Fintech Update

Financial Services and Fintech Update

Financial Services and Fintech Update

Financial Services and Fintech Update

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

Electronic Money Institution Licensing in Malta

Collective Investment Scheme Setup in Malta

Financial Services and Fintech Updates

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

Financial Services and Fintech Updates

EU Approves New Crowdfunding Services Regulation

Financial Services and Fintech Updates

Financial Services and Fintech Updates

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

Financial Services and Fintech Updates

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

Financial Services & FinTech Updates

Transfer of Virtual Financial Assets Becomes a Licensable Service in Malta

Financial Services & FinTech Updates

Related Publications
Qualifying Employment in Innovation and Creativity Programme

Highly Qualified Persons Programme

Global Residence Programme

New EU Data Protection Regime

Setting up a UCITS in Malta

Investment Services Licence Categories

Data Protection by Design and by Default

The Proposed 5th Anti-Money Laundering Directive

The Role of the Data Protection Officer under the GDPR

Identity Malta Launches the Key Employee Initiative

Commission Issues New Proposal for Privacy Regulation

Amendment to Highly Qualified Persons Programme

Brexit Effects on the Insurance Industry

Issue of the Skill Games Regulations

“Ancillary Activities” under the MiFID II Directive

The Obligation to appoint a DPO under the GDPR

MFSA issues Guidance on Prevention of Financial Markets Abuse

Malta maintains Top Spot on Europe’s Ship Register

Is it Time to Coherently Regulate Blockchain?

GDPR – A Central Loop for Blockchain Deployment

Proposed Changes to Maltese Gaming Regulation

GTG Advocates Participates in Blockchain Malta Event

Dr Ian Gauci appointed to Malta’s Blockchain task force

GTG Advocates to Speak at Malta Innovation Summit

GTG Advocates Participates in Malta Innovation Summit

GTG Advocates to Speak at EY Malta Attractiveness Event

MFSA Consultation on Investments in Virtual Currencies

The Regulation of ICOs

GTG to Speak at ILS Blockchain and Smart Contracts Event

Gibraltar Regulates ‘Distributed Ledger Technology’

GTG to Speak at Technology 2020 Conference

GTG Advocates to Speak at EE Gaming Summit

MGA Issues New Service Provider Regime

Demystifying Smart Contracts

MFSA Paper on ICOs & Cryptocurrencies

MGA Issues Call of Interest on DLT & Cryptocurrencies

Issue of New Gaming Licence Fees

MFSA issues Feedback on PIFs investing in VCs

MFSA Issues Rules for CIS investing in VCs

MFSA Consultation on PSD2 Implementation

Revised AML requirements for Gaming Licensees

GTG Advocates to Speak at IFSP Conference

Government Issues Consultation on DLT Regulator

The DAO as a step forward for the Digital Economy

Could Blockchain be the new dawn for AML?

GTG Participates at Blockchain Malta Event

MFSA Consultation on Financial Instrument Test

Setting up a PIF in Malta

DLT and Cryptocurrencies Laws approved by Maltese Parliament

MFSA Issues Requirements for Investment-Based Crowdfunding

Registering a Ship Under the Maltese Flag

Guidelines on the use of Cryptocurrencies in the iGaming sector

MGA issues Alternative Dispute Resolution Directive

ESMA updates Q&As on Regulation of Credit Rating Agencies

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

MFSA Issues Consultation on Fintech Strategy

The MFSA’s AML & CFT Strategy

The Malta Gaming Authority signs MoU with the Swedish Gambling Authority

Loot Boxes – Gambling or not?

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

MFSA Issues Consultation on FinTech Strategy First Pillar

MFSA issues Consultation on Amendments to Rules for Occupational Retirement Schemes

New Prospectus Regulation comes fully in force

Malta Implements Rules on Tax Dispute Resolution Mechanisms

AIFMD 2 approved by European Parliament and European Council

Recent Amendments to Maltese Tax Residence Programmes

MFSA Imposes National Intervention Measures on CFDs

ESMA issues Final Guidance on Liquidity Stress Tests for Investment Funds

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

MGA launches Phase 2 of its Sandbox Regulatory Framework

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

Guidelines on the impact of BREXIT pulished by the MGA

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

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

Ship Arrest Under Maltese Law

Arrest of Ships in Malta: Practical Guidelines Issued

Amendments to the Prevention of Money Laundering Act

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

Does your Insurance cover the Coronavirus?

COVID-19 Gaming related Updates

COVID-19: MGA issues Social Responsibility Warning

Additional precautionary measures to marine terminals and port service providers

MGA extends deadline for the submission of audited financial statements

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

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

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

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

Preventing Insider Offences in light of the COVID-19 Pandemic

The European Commission publishes its AML/ CFT Action Plan

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

Malta Implements the Securities Financing Transactions Regulation

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

Revised procedures for maritime support services

Financial Services and Fintech Weekly Update

Amendments to the PMLFTR

Financial Services and Fintech Weekly Update

Fire and Abandon Ship Drills

MGA Updates: Amendments to the VFA Sandbox Regulatory Framework

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

MFSA Issues Amendments to Insurance Business Rules

Financial Services and Fintech Update

FIAU & MGA Update Implementing Procedures for online gaming

UKGC Propose further consumer protection measures on online slots

Financial Services and Fintech Update

Financial Services and Fintech Update

Financial Services and Fintech Update

Financial Services and Fintech Update

Financial Services and Fintech Update

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

Electronic Money Institution Licensing in Malta

Collective Investment Scheme Setup in Malta

Financial Services and Fintech Updates

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

Financial Services and Fintech Updates

EU Approves New Crowdfunding Services Regulation

Financial Services and Fintech Updates

Financial Services and Fintech Updates

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

Financial Services and Fintech Updates

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

Financial Services & FinTech Updates

Transfer of Virtual Financial Assets Becomes a Licensable Service in Malta

Financial Services & FinTech Updates
