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Firm: Mamo TCV Advocates

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Mamo TCV Newsletter - July 2021
Mamo TCV Advocates, August 2021

Banking & Finance The Central Bank of Malta Issues Directive 19 on the Use of Cheques and Bank Drafts Directive No 19 ‘on the Use of Cheques and Bank Drafts’ was issued by the Central Bank of Malta on 7th July 2021 with the aim of promoting safe and effective use of cheques and bank drafts drawn on Maltese banks and financial institutions...

Navigating the New Regulatory Landscape for Company Service Providers – Part 2
Mamo TCV Advocates, May 2021

In this second instalment of our series 'Navigating the new regulatory landscape for Company Service Providers', we take a closer look at the application process for CSPs seeking regulatory authorisation, the appointment of key office holders and applicable exemptions to the new regime. Part 1 of this series can be accessed here...

Navigating the New Regulatory Landscape for Company Service Providers – Part 1
Mamo TCV Advocates, May 2021

Following the entry into force of the Company Service Providers (Amendment) Act 2020 (the "Amendments") on 16 March, 2021 a number of significant amendments have been introduced to the local regulatory framework governing the provision of company services. The most notable amendments consist of the removal of previous exemptions available to warranted professionals and the end of the de minimis rule...

Segregated Cells in Aviation and Shipping Companies
Mamo TCV Advocates, April 2021

Pursuant to amendments to the Companies Act, the Companies Act (Shipping and Aviation Cell Companies) Regulations (the "Regulations") allow for the incorporation of cell companies that conduct shipping or aviation business. The Regulations also allow for the conversion of an existing company that conducts shipping or aviation business into a cell company. To understand what is meant by shipping or aviation business, please click here...

CJEU Confirms that Trade Union Strikes are not ‘Exceptional Circumstances’ for the Purposes of the Air Passenger Rights Regulation
Mamo TCV Advocates, April 2021

On the 23rd March 2021, the Court of Justice of the European Union (CJEU) rendered a Grand Chamber decision on a preliminary reference transmitted to it by a Swedish tribunal in a matter concerning air passenger rights (Airhelp Ltd v. Scandinavian Airline System SAS, c-28/20)...

Mamo TCV Newsletter - March 2021
Mamo TCV Advocates, April 2021

Banking & Finance ESAs issue joint supervisory statement on the application of the Regulation on Sustainability-related disclosures in the Financial Services Sector (SFDR) ESAs issue recommendations on the application of the SFDR...

The Inability to Pay Debts test before the Maltese Courts
Mamo TCV Advocates, April 2021

In its recent decision Xuereb v Weber Construction Limited Et (decided 18 March 2021) the Civil Court (Commercial Section) weighed in once more on the appropriate tests to be applied when assessing a company's inability to pay its debts under Maltese corporate insolvency law...

Mamo TCV Newsletter - February 2021
Mamo TCV Advocates, March 2021

Corporate & Commercial Recognition of UK Insolvency Proceedings in Malta Post-BrexitSimon Pullicino comments on the impact of Brexit with respect to cross-border insolvency and the implications for the recognition and enforcement of UK proceedings in Malta and vice-versa...

Court of Justice of the European Union Condemns UK for Breaching Ambient Air Quality Limits
Mamo TCV Advocates, March 2021

On the 4th March 2021, the Seventh Chamber of the Court of Justice of the European Union issued its decision on an important matter related to the breach of ambient air quality legislation by the UK government (European Commission v. United Kingdom of Great Britain and Northern Ireland, c-664/18). This case is only one among several others filed by the Commission against EU Member States, including France, Italy, Bulgaria and Hungary...

ESAs issue joint supervisory statement on the application of the Regulation on Sustainability-related disclosures in the Financial Services Sector (SFDR)
Mamo TCV Advocates, March 2021

On 25 February, 2021 the triumvirate of European Supervisory Authorities, the EBA, EIOPA and ESMA (the "ESAs") published a joint statement on the effective and consistent application and national supervision of the Sustainable Finance Disclosure Regulation ("SFDR"). The joint statement is intended to help mitigate the risks of divergent application of the SFDR, and promote a level playing field to protect investors...

Annual Leave Provisions in the Organisation of Working Time Regulations Amended Once Again
Mamo TCV Advocates, February 2021

  Legal Notice 59 of 2021 has amended the annual leave provisions in the Organisation of Working Time Regulations (S.L. 452.87). With effect from the 1st of January 2021, the days of annual leave have been reduced from 27 days to 24 days but employees shall be entitled to an additional day of annual leave in respect of public or national holidays falling on a Saturday, Sunday or weekly day of rest...

Bullying at Work
Mamo TCV Advocates, November 2020

This week (the week from Monday 16th November 2020 until the 20th November 2020) is anti-bullying week – a week meant to raise awareness against prejudice and bullying not only in schools but also at the workplace and cyber-bullying. Maltese employment law does not deal directly with bullying but with harassment, and this in connection with discriminatory treatment or with sexual harassment...

COVID-19 State Aid to be Prolonged
Mamo TCV Advocates, October 2020

As a result of the unprecedented circumstances we are currently facing, a number of measures were adopted to ease the challenges that various businesses are facing. In this regard, the European Commission adopted the State aid Temporary Framework (the "Framework") on 19th March, 2020, which has subsequently been amended a number of times to reflect the ever-changing nature of how the coronavirus pandemic is affecting the economy...

Tenants’ Rights Safeguarded by Constitutional Court
Mamo TCV Advocates, October 2020

Constitutional Court, Gerald Camilleri et vs Advocate General et, 6th October 2020 The Maltese courts of Constitutional Jurisdiction were tasked with deciding a claim of violation of fundamental human rights as filed by the applicants, who had purchased a property in Sliema - in respect of which the provisions of the Housing (Decontrol) Ordinance, Chapter 158 of the Laws of Malta are applicable - and which the applicants knew was tenanted by third parties under a title of lease resulting from

Tenants' Rights Safeguarded by Constitutional Court
Mamo TCV Advocates, October 2020

Constitutional Court, Gerald Camilleri et vs Advocate General et, 6th October 2020 The Maltese courts of Constitutional Jurisdiction were tasked with deciding a claim of violation of fundamental human rights as filed by the applicants, who had purchased a property in Sliema - in respect of which the provisions of the Housing (Decontrol) Ordinance, Chapter 158 of the Laws of Malta are applicable - and which the applicants knew was tenanted by third parties under a title of lease resulting from

Court Judgment on Status of Employee
Mamo TCV Advocates, October 2020

In a judgment delivered on the 30th September 2020, the Court of Appeal confirmed a decision of the Industrial Tribunal ("the Tribunal") which had found that the relationship between the applicant and the defendant company was not one of employment. The applicant had instituted proceedings before the Industrial Tribunal following the termination of his contract...

Upcoming ‘Digital’ Laws: The Future Is Now
Mamo TCV Advocates, September 2020

Law is an ever-evolving social construct and remains effective only insofar as it can be updated in a timely manner to keep up with real-life developments. The relevance of laws and their subject matter is always dictated by present-day realities and circumstances...

MRVP Update 2
Mamo TCV Advocates, April 2020

L.N. 156 of 2020, entitled the Malta Residency Visa Agency (Establishment) (Amendment) Order, 2020 has come into force with the scope of introducing a new system of distribution of applicationsamongthe ApprovalsBoard. This has been done primarily to help with ensuring that each Approvals Board is assigned an equal number of cases, with the said assignment to be carried out by theChief ExecutiveOfficer of the Agency...

MCCAA Launches Consultation on Proposed Amendments to Consumer Affairs Act
Mamo TCV Advocates, April 2020

On 22 April 2020, the Malta Competition and Consumer Affairs Authority (the "MCCAA") published a consultation regarding a Bill to amend the Consumer Affairs Act (Chapter 378 of the laws of Malta) and other Laws, and to make ancillary and consequential provisions thereto...

Freedom of Movement Within the EU During Covid-19
Mamo TCV Advocates, April 2020

It is evident that the current lockdown is having an unprecedented slowdown in the movement of persons between EU Member States. This is not due to a restriction which was imposed by the EU itself but because of the restrictions which the Member States themselves imposed through their respective Public Health officials. It is noticeable that the legal restrictions on immigration were driven by the Member States' individual rules rather than by a general guideline from the EU...

Duties of Directors of Financially Distressed Companies
Mamo TCV Advocates, April 2020

Professor Andrew Muscat, who heads the Corporate Law Department at the Firm, has published a series of articles in the Times of Malta dealing with the duties and liabilities of directors of a company experiencing financial difficulties. This subject is particularly relevant these days when several companies are finding themselves in a difficult position as a result of the Covid-19 worldwide pandemic...

 

 

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