Technical Legal Advisor

Enforcement
Indefinite
Annually
Grade 5
Published on 02/04/2025
Hybrid

Job Description

Overview

About the Department:

The Enforcement Function is responsible for reviewing the actions and where necessary, conducting investigations of licence holders who have, or are suspected of having committed serious compliance failures, serious misconduct, or any other serious breaches of the law. The Enforcement Function also investigates the actions of persons carrying out financial services activities without having the necessary licence or authorisation.

About the Role:

As a Technical Legal Advisor you will be entrusted with the below duties and responsibilities:

• Act as a technical point of reference to the Enforcement function in respect to all legal matters, which may require research in international case law and practices amongst foreign national competent authorities;  

• Providing legal advice in relation to investigative and enforcement work, with specific attention to ensure that there are sufficient legal grounds which merit an investigation and possible enforcement action;  

• Discussing and proposing investigative strategies with Senior Management; 

• Provide legal support during the collection of information, documentation and evidence;  

• Review of reports to the police and attending meetings with the police;  

• Coordination and cooperation with MFSA supervisory functions;  

• Attending meetings with licence holders and unauthorised persons under investigation;  

• Assist the Enforcement Function from a legal perspective in conducting on-site investigation visits and surprise inspections;  

• Maintain or develop policies and procedures as required;

• Analysing, assessing and discussing findings of investigations;  

• Be responsible for carrying out the necessary reporting to other European Supervisory Authorities as necessary;

• Reviewing of any documents prepared by the Enforcement Function including documents in relation to complex cases, investigation reports, memoranda and correspondence, which require legal expertise; 

• Preparing legal arguments to be presented in court, tribunal or specialised body;

• Drafting and filing of legal and judicial documents to be presented to court, tribunal or specialised body, as necessary;

• Be present and provide legal support to the Enforcement Function of the MFSA at any sittings of the court, tribunal or specialised body, including sittings in front of the decision-making body of the MFSA, to ensure that the necessary legal support in presenting the case is provided;

• Other duties and tasks as may be assigned. 

About You:

The role requires a University of Malta Degree in Law (LL.D. or Master of Advocacy level) or a comparable recognised legal qualification at National Qualification Framework Level 6 or better, duly certified by the Malta Qualifications Recognition Information Centre (MQRIC), together with possession of a warrant to practice in the Courts of Malta.

We are looking for candidates with a solid academic background in law, preferably with exposure to the litigation field and with knowledge on financial services law. The chosen Candidate should be able to work independently and, in a team, reporting to a Senior Manager assigned to him.

Candidates should be in possession of a minimum of 6 years working experience within a senior legal or regulatory environment.

Other Information:

The MFSA is an Equal Opportunities Employer as certified by the NCPE (National Commission for the Protection of Equality) and is committed to a policy of equal opportunity in all aspects of employment and will take care to avoid any form of discrimination in its recruitment procedures. The MFSA reserves the right to withdraw this call at any time and not to select any of the Candidates.

It is the responsibility of applicants in possession of qualifications awarded by Universities and other similar institutions outside Malta to produce a recognition statement on comparability of qualifications issued by the Malta Qualifications Recognition Information Centre (MQRIC). Applicants should do so preferably at application stage or otherwise at the preliminary interview should an applicant be selected for such interview. Details can be obtained by accessing the National Commission for Further and Higher Education website on www.ncfhe.gov.mt under MQRIC heading.

The MFSA shall ensure that any processing of personal data is in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation), the Data Protection Act (Chapter 586 of the Laws of Malta) and any other relevant European Union and national law. For further details, you may refer to the Data Protection Policy on the MFSA webpage www.mfsa.mt.

Candidates are to note that the submission of any false statement/s or omission, even if unintended, may lead to the cancellation of their application and may render the candidate's appointment liable to termination.

Furthermore, please note that candidates may be asked to submit any documentation in support of the information provided, including but not limited to, proof of qualifications and Police Conduct Certificates.

Public Call Permit: 299/2025