A key feature of Undertakings for the Collective Investment in Transferable Securities (“UCITS” fund) is the Key Investor Information Document (“KIID”), which provides the retail investor with simplified information from the prospectus. UCITS also qualify as Packaged Retail Investment and Insurance Products (“PRIIPS”) ...
Mamo TCV Advocates managing partner, Michael Psaila and partner Edmond Zammit Laferla attended the World Services Group’s European Regional Forum in Stockholm, which was hosted by Swedish member firm, Delphi and took place between 1st and 3rd June 2022. The World Services Group is a leading global network of independent law firms from over 150 jurisdictions with over 23,000 professionals globally ...
The partners and staff of Mamo TCV have made a donation to Jesuit Refugee Service (Europe) who are assisting those fleeing the war in Ukraine. JRS is an international Catholic organisation with a mission to accompany, serve and advocate for the rights of refugees and others who are forcibly displaced. This contribution is one of a number of initiatives that form part of Mamo TCV’s commitment towards creating a better society ...
Mamo TCV Advocates in collaboration with the Foundation for Human Resources Development (FHRD) have organised and delivered a number of lectures on various topics related to Maltese employment law including employment contracts, termination of contracts, occupational health and safety, GDPR and immigration, as part of the newly launched course, ‘Award in the Practical Applications of Maltese Employment Law’ ...
Dr. Christine Calleja, from Mamo TCV Advocates, attended this year’s European Employment Lawyers Association (EELA) annual conference, held between the 23rd and 25th June. After an absence of three years, the conference hosted around 450 lawyers who specialise mainly in employment law. This year, delegates from the employment lawyers association of each country met before the start of the conference, discussing ideas for future collaboration ...
Mamo TCV Advocates is pleased to announce that Dr Jonathan Abela Fiorentino, Dr Christine Calleja and Dr Mikiel Calleja will be appointed partners of the firm with effect from 1st July 2022. Jonathan obtained his Doctoral degree in Law from the University of Malta in 2006, and a Masters in European and Comparative Law (LLM) from the same university in 2007. He joined the firm’s litigation team as a senior associate in in January 2015 ...
Basic as it may seem, the notification process is of fundamental importance when instituting a Court case. This process can at times be used to attack the validity of a judgement and hence, one will certainly understand the importance of getting it right. All this featured in a Court of Appeal judgement, delivered on the 4th of May 2022 in the names Farrugia nomine vs BNF Bank plc (App. Civ. 410/19/1) ...
In a case decided on the 4th May 2022 (case number 524/14), the Court of Appeal held that a restriction contained in an employment contract which prevented an employee from soliciting or interfering or endeavouring to entice a customer away from the company after termination of employment, for a period of two years, could be enforced by the employer ...
Dr Nicholas Valenzia, Dr Ingrid Fenech, Dr Zachary Galea and Ms Alexia Pollacco will be attending the Malta Superyacht Symposium, which will be held on the 6th and 7th July. This event is being organised by the Malta Chamber and the Malta Maritime Law Association with the aim of providing a platform for local professionals and stakeholders to discuss and analyse the Maltese superyacht industry together with the international yachting community ...
On the 6th July, the Malta Business Registry (MBR) issued a circular advising all companies registered in Malta to provide it with an adequate electronic mail address in terms of the legal requirement emanating from Act LX of 2021 by not later than 30th September, 2022. In addition to it being a legal requirement, providing an electronic mail address ensures the timely service of correspondence to company officers ...
In a judgment delivered on the 28th of June 2022 in the names of Rapa et vs Chircop et, sworn application number 886/2018, the First Hall Civil Court was tasked with apportioning responsibility and liquidating damages consequent to a traffic accident which occurred between the car driven by the defendant Chircop and the pedestrian Rapa who had passed away as a result of the accident. In a rare decision, responsibility was not totally allocated to the driver of the vehicle ...
The Commission’s withdrawal of the Maternity Leave Directive which had not made any legislative progress since 2008, paved the way for an innovative and comprehensive outlook on tackling the lack of female representation in employment. Such approach centres around the Work-Life Balance Initiative which constitutes one of the outcomes of the European Pillar of Social Rights ...
Legal Notice 201 of 2022 has been published on the 13th July 2022 and will come into force on the 2nd August 2022. These regulations were enacted with the aim of transposing the EU Work-Life Balance Directive which was introduced and became part of EU law in August 2019. The main provisions of this legal notice are the following: 1 ...
Malta has, over the past years, attracted a number of the world’s largest superyachts to its shores by offering good marina services and a number of ancillary facilities such as technical assistance and repairs, boat hoists and bunkering services ...
It has been reported by various news outlets that Ireland’s Data Protection Commission (DPC) has prepared a draft decision which may well lead to the end of EU-US data transfers. This draft decision is a consequence of the concerns which have been raised by USA surveillance laws and practices and comes in the wake of the invalidation of the EU-US Privacy Shield by the Court of Justice of the EU a few years ago ...
Dr Mikiel Calleja and Dr Laura Spiteri from Mamo TCV Advocates were invited by Society Education to deliver a seminar on Mergers and Acquisitions. The seminar delved into the practicalities of the mergers and acquisitions process, touching upon a number of topics including the main types of mergers and acquisitions, merger control, and the implications of foreign direct investments. The seminar was delivered virtually on the 14 July, 2022 ...
Background The Malta Financial Services Authority has recently introduced changes to the investment services rulebooks for Undertakings for Collective Investment in Transferable Securities (UCITS) management companies (ManCos) and Alternative Investment Fund Managers (AIFMs) to: (i) transpose the Commission Delegated Directive (EU) 2021/1270 amending Directive 2010/43/EU (1) as regards the sustainability risks and sustainability factors to be taken into account fo
Background The Malta Financial Services Authority has informed investment firms of the amendments carried out to Part BI of the investment services rules for Investment Services Providers. These amendments seek to implement the provisions of the Commission Delegated Regulation (EU) 2021/1253 ...
Dr Christine Calleja and Dr Warren Ciantar, in collaboration with 21 Malta, delivered a one hour presentation on the new rights introduced by the Work-Life Balance for Parents and Carers Regulations, on Wednesday 20th July 2022. The main rights to be introduced by the Regulations will be paid paternal leave, partly paid parental leave and unpaid carer’s leave ...
We are pleased to introduce our Regulatory Compliance Quarterly Updates. These updates are intended to keep Maltese regulated entities informed of regulatory changes and developments taking place in the local financial services space. In this issue, we focus on the sector specific and cross-sectoral regulatory updates relating to Investment Services and Asset Management. Our first Regulatory Compliance Quarterly Update can be found here ...
The Feedback Statement on the final Corporate Governance Code (hereinafter referred to as the “CGC” or the “Code”), accompanying the publication of the final CGC dated 5th August 2022 outlines the feedback received from stakeholders and provides the MFSA’s way forward in response to the feedback it received. The CGC is a code issued by the MFSA intended to enhance the governance, culture and conduct of MFSA Authorised Entities ...
Introduction On 30 June 2022, the Council of the European Union (EU) announced1 that the Council presidency and the European Parliament reached a provisional agreement on the proposed markets in crypto-assets regulation (MiCA). More details here. The aim behind the proposed regulatory framework is to bring legal and regulatory certainty for crypto-asset operators across the EU ...
On the 5th August 2022, the Malta Financial Services Authority (hereinafter referred to as “the MFSA”) issued a Circular on the amendments to: the Glossary of Terms, Chapter 5 of the Insurance Rules and the Insurance Business (Exemptions) Regulations ...
On the 8th August 2022, the Malta Financial Services Authority (hereinafter referred to as “the MFSA”) issued a Circular on Adopting the European Insurance and Occupational Pensions Authority (hereinafter referred to as “EIOPA”) Revised Guidelines on the Legal Entity Identifier (hereinafter referred to as “the Guidelines”) which became applicable on the 1st July 2022 and which repealed the Guidelines on the use of the Legal Entity Identif
Platform work entails the use of an online platform, serving as an intermediary between the clients and the workers for the performance of particular services or to carry out particular jobs in return for payment. In this way, division of work into specific jobs is favoured over a long-standing employment relationship ...
