RegAlert2026-09-28
Added
Notice of Coming into Force of Trusts and Trustees Act (Register of Beneficial Owners) (Amendment) Regulations, 2026
The Trusts and Trustees Act (Register of Beneficial Owners) (Amendment) Regulations, 2026 entered into force on 22 September 2026, amending the Principal Regulations to transpose specific articles of Directive (EU) 2024/1640. The amendments broaden access to the Trusts Ultimate Beneficial Ownership Register (TUBOR) for EU and supranational authorities, introduce a definition for obliged entities, and establish a framework for legitimate interest access requests including a mutual recognition certificate process. The Authority may impose administrative penalties of up to €100,000 for updating TUBOR data following discrepancies, and up to €150,000 for furnishing inaccurate or misleading information, while also specifying grounds for refusing or revoking access.
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Circular
Triq l-Imdina, Zone 1 Central Business District, Birkirkara CBD 1010 +356 2144 1155 communications@mfsa.mt www.mfsa.mt Notice of Coming into Force of Trusts and Trustees Act (Register of Beneficial Owners) (Amendment) Regulations, 2026 - Key Changes relevant to Authorised and Registered Trustees, Private Trustees and Non-EU Trustees Reporting Beneficial Ownership Information on TUBOR
I. Introduction
1.1 The Malta Financial Services Authority (‘the Authority’) would like to draw the attention
of:
(a) Trustees authorised in terms of Article 43 or registered in terms of Article 43B of the Trusts and Trustees Act (‘the Act’); (b) Foreign trustees of a trust whose place of establishment or residence is outside the European Union and who already report beneficial ownership information on the Trusts Ultimate Beneficial Ownership Register (‘TUBOR’), when in scope of Regulation 3A; and (c) Persons acting as private trustees in terms of Article 43A of the Act, to the publication of the Trusts and Trustees Act (Register of Beneficial Owners) (Amendment) Regulations, 2026 (‘the Amending Regulations’), which were published on 22 September 2026 by virtue of Legal Notice 252 of 2026.
1.2 This Legal Notice amends the Trusts and Trustees Act (Register of Beneficial Owners)
Regulations (S.L. 331.10) (‘the Principal Regulations’), which amendments are primarily aimed at transposing Articles 11, 12, 13, and 15 of Directive (EU) 2024/1640 of the European Parliament and of the Council of 31 May 2024 on the mechanisms to be put in place by Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (‘AMLD6’ or ‘the Directive’), insofar as they relate to trusts and trustees. This is in fact the second transposition phase of this Directive. These specific amendments impact in particular the various levels of access to beneficial ownership information of trusts reported to the Malta Financial Services Authority (‘the Authority’) in the relevant register, TUBOR. 28 September 2026
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Source: Malta Financial Services Authority — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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