Licence Applications

Licence Applications
So you’ve chosen a jurisdiction that will support your new project or operation and decided to submit an application for a relevant license. Now what?
Anyone that has gone through a licensing project knows that it takes more than just filling in a form. It takes knowledge of the regulations, familiarity with the application process and having the right structure in place to make sure nothing is omitted, as even small mistakes can sometimes result in delays or worse still a license not being issued.
Kyte has assisted a number of regulated entities obtain their license. We have dedicated teams that not only consult on their subject matter but also handle the entire licensing requirements, from preparing the business plan and drafting the required policies and procedures to designing a system of controls as required by the relevant regulations.


Q:Is it possible to start and run a business in my base country (other than Malta) and license my activity by the Maltese Regulatory Authority?

If you are planning to apply for any form of recognition and you are not habitually resident in Malta at the time of application for recognition by the Authority is required to appoint a Resident Agent. In addition as provided by the ITAS Act, where in an application for an ITA Certification both the ITA Applicant and the respective appointed Technical Administrator are not resident in Malta, the appointment of a Resident Agent for the Technical Administrator shall be deemed to be also an appointment of the Resident Agent for the respective ITA if the Technical Administrator makes clear reference that this dual appointment applies.

Q:Which are the functions of an appointed Resident Agent?

i. Act as the channel of communication between the Applicant and the Authority, Lead Authority or other Maltese government department;
ii. Sign and file with the Authority, Lead Authority, or other Maltese government departments all declarations and forms required in terms of Maltese law;
iii. Act as the judicial representative of the Applicant for judicial proceedings in Malta; and
iv. Receive any notice whether by the Authority or any Lead Authority, sent to the Resident Agent at his last registered address, such that the notice shall be deemed to have been duly received by and notified to the Applicant.

Q:I am not very confident on the type of License/Recognition my technology qualifies for. How can I determine it?

While both regulatory authorities in Malta, MDIA and MFSA provide clear indication regarding licensable activities falling under their scope, we understand that it can be confusing sometimes. We can assist you to determine the type of License/Recognition your activity qualifies for.

Q:When do I need to engage a system auditor?

Where the submitted application and Blueprint/Whitepaper are considered aligned with the existing regulations, the Regulatory Authority (MDIA/MFSA) will instruct the applicant to proceed with the engagement of a registered System Auditor (see ‘Register of Recognitions’-MDIA website).