Malta prepares to revise regulatory treatment of NFTs

Published at: Dec. 5, 2022

The Malta Financial Services Authority (MFSA) is currently reviewing requests to revise the “regulatory treatment” of Non-Fungible Tokens (NFTs) within its Virtual Financial Assets Framework. 

Under the current regulatory framework, NFTs are included within the scope of the Virtual Financial Assets Act, which also includes virtual tokens, virtual financial assets, electronic money, and all financial instruments built, or dependent on, Distributed Ledger Technology (DLT).

However, the MFSA is proposing to have NFTs removed from the Virtual Financial Assets framework since they’re unique and nonfungible and therefore incapable of being used as payments for goods and services, or for investment purposes. 

According to the MFSA, “the inclusion of such assets within the scope of the VFA framework may run counter to the spirit of the Act, which sought to regulate investment-type services offered in relation to VFAs falling outside the scope of existing traditional financial service asset categories. “

The governing authority is currently inviting feedback from stakeholders before officially implementing these new revisions into its framework. 

Related: Chinese court says NFTs are virtual property protected by law

In November, Cointelegraph reported that Malta was leading the way in Southern Europe with regard to cryptocurrency regulation. 

In 2018, the Maltese parliament enacted three laws establishing a comprehensive regulatory framework for blockchain and digital currencies. The Virtual Financial Assets Act regulates the field of initial coin offerings, digital assets, digital currencies, and related services, while the Innovative Technological Arrangements and Services Act enables the Malta Digital Innovation Authority to oversee the registration of technology service providers.

The country’s current financial regulatory framework recognizes four distinct categories of digital assets, subject to different sets of rules: electronic money, financial instruments, virtual (utility) tokens and virtual financial assets (VFAs).

Tags
Nft
Dlt
Related Posts
Crypto wallets: An important battlefront to gain wallet share and mind share
Digital wallets are software constructs that mimic physical wallets and provide the functionality of storing, using and categorizing payment instruments. The journey of digital wallets started with payments and morphed to other forms of stubs such as digital passes, tickets and boarding passes. However, crypto wallets attempt to redefine the digital wallet landscape as something more than safe storage of payment and crypto instruments. With more than 100 crypto wallets and growing, this sector in the cryptosphere is getting crowded and adding further complexity to an already fragmented blockchain and digital asset space. As I study this space and try …
Decentralization / Aug. 29, 2021
What DeFi needs to do next to keep institutional players interested
The last few months’ frenzy of institutional money flowing into Bitcoin (BTC) has seen crypto hitting the headlines — at the least as a novelty asset, at the most as a must-have. There is undoubtedly a trend in the market toward greater awareness and acceptance of digital assets as a new investable asset class. A June 2020 report by Fidelity Digital Assets found that 80% of institutions in the United States and Europe have at least an interest in investing in crypto, while more than a third have already invested in some form of digital asset, with Bitcoin being the …
Decentralization / Feb. 27, 2021
‘Our democracy will better evolve because of DAOs,’ says Animoca's Yat Siu
The rise of Web3 has paved the way for new business models that could shape the next phase of the internet. For instance, nonfungible tokens (NFTs) will play a large part in the open metaverse as the underlying assets people interact with. Decentralized autonomous organizations (DAOs) are also coming to fruition to allow for community governance within virtual environments. The growth of Web3 has essentially allowed NFTs and DAOs to flourish. For example, recent data from DeepDAO — a DAO stats platform — shows that DAOs have experienced 130-times growth over the last year, reaching a market capitalization of $24.8 …
Decentralization / April 5, 2022
Russian protest group Pussy Riot seeks to tackle gender inequality in the NFT space
Russian punk rock collective Pussy Riot is planning to launch a DAO for LBTQ+ and women artists. As the group’s co-founder Nadya Tolokonnikova told Cointelegraph, The DAO will be working on reducing the gender inequality that still marks the NFT space and, more broadly, the crypto industry. Despite the large gender gap in crypto — around 60% of US crypto investors are white men according to a survey from August 2021 — Nadya is convinced that it is still early enough for Pussy Riot to make an impact. “The NFT space is still so small, I feel that with a …
Decentralization / Jan. 12, 2022
Germany outlines favorable tax guidelines, gains on BTC and ETH sold after a year tax-free
The Federal Ministry of Finance (BaFin) published a 24-page document on Tuesday outlining clear income tax rules for cryptocurrency and virtual assets. Tax practitioners, businesses and individual taxpayers now have clear direction on the tax requirements for acquiring, trading and selling cryptocurrencies. The key takeaway is that individuals who sell BTC or ETH more than 12 months after acquisition will not be liable for taxes on the sale if they realize a profit. Parliamentary State Secretary Katja Hessel also addressed questions around the long-term staking of cryptocurrencies: “For private individuals, the sale of purchased Bitcoin and Ether is tax-free after …
Technology / May 12, 2022