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Malta Legal Articles

Law related articles writen by lawyers
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Malta - Streamlining its PIF and AIF Regimes

  March 23, 2015     By CSB Advocates
On the 10th of March 2015 the Malta Financial Services Authority ("MFSA") published a consultation paper on the regulatory approach applicable to collective investment schemes licenced as professional investor funds (“PIFs”) and alternative investment funds (“AIFs”) in terms of the Investment Services Act.

Malta IIP – The National Development and Social Fund

  February 26, 2015     By CSB Advocates
The Malta Citizenship by Investment Programme was established by LN 47/2014, in which the Government of the Republic of Malta grants naturalisation by investment to reputable individuals and their dependants on the basis of a firm and thorough due diligence process and a significant contribution to the social and economic development and investment in the country.

Better Protection for Trade Secrets in the EU

  February 5, 2015     By CSB Advocates
During the past months, the European Commission put forward a proposal for a directive on the protection of undisclosed material and business information, also known as trade secrets, and against their unlawful acquisition, use and disclosure. The idea of this proposal is for the protection against the misappropriation of business information and the safeguarding of confidential business practices.

Malta Sixth Largest in the World and Largest in Europe Maritime Law Malta

  February 5, 2015     By CSB Advocates
Transport Malta, the Authority responsible for the Malta Ship Register in Malta, has reported that as at the end of December 2014 Malta’s ship registry saw a growth of 13.6%, which is equivalent to over six million gross tonnes and a growth of 18% in yacht registration, totalling the number of merchant vessels under the Malta flag over 2,500, making the Malta Ship register the sixth largest in the world and the largest in Europe.

Amendment to International Owner Malta Shipping & Yachting Law

  January 26, 2015     By CSB Advocates
Through Legal Notice 22 of 2015, the individuals who are qualified to own Maltese vessels, have also been extended to include citizens of the European Economic Area and of Switzerland, while prior to this amendment this was limited only to citizens of the European Union.

A Question of Substance - Malta's Financial Services Sector Stability

  January 21, 2015     By CSB Advocates
Malta continues to receive glowing reviews internationally as a stable financial services centre of repute within the European Union.

Malta Preparing for Solvency II Directive

  January 19, 2015     By CSB Advocates
On the 22nd of December, 2014 the MFSA commenced a consultation process on proposed amendments to the Insurance Business Act (Cap. 403 of the Laws of Malta) and the Insurance Intermediaries Act (Cap. 487 of the Laws of Malta).

Malta Ranks 6th in the Index of Best Places to Retire

  January 13, 2015     By CSB Advocates
Forbes/International Living has announced that Malta has featured sixth in the index of the best places to retire for Americans.

Secure Securitisations in Malta

  December 5, 2014     By CSB Advocates
Securitisation transactions in Malta, that is the raising of capital through the transfer of assets and risk from the transferee (“Originator”) to special purpose vehicles (“SPVs”) and converting the same into financial instruments issued by the latter, are regulated by the Securitisation Act (Chapter 484 of the Laws of Malta) (“Act”).

European Securities and Markets Authority Issues Consultation Paper on Asset Segregation

  December 4, 2014     By CSB Advocates
The European Securities and Markets Authority (ESMA) has recently published a consultation paper on the asset segregation requirements under the Alternative Investment Fund Managers Directive (AIFMD).

The Most Awaited Third Pillar Pension Scheme

  November 25, 2014     By CSB Advocates
In light of the launch of a regulatory structure for private pensions forwarded by the MFSA the Minister for Finance Prof. Edward Scicluna recently launched the Third Pillar pension scheme, also referred to as the Personal Retirement Scheme which is accompanied by another scheme called the Individual Savings Account.

Malta - A Jurisdiction for Private Equity Funds

  November 24, 2014     By CSB Advocates
The MFSA is currently amending its legislative and regulatory framework in order to make Malta an efficient jurisdiction for structuring private equity funds.

Google’s Privacy Policy Questioned

  October 29, 2014     By CSB Advocates
European Union privacy regulators have been urging Google to refine its privacy policies for quite some time.

Malta’s Banking Institutions Considered Sound and Resilient by the European Central Bank

  October 26, 2014     By CSB Advocates
The European Central Bank (ECB) has published the results of the stress-test that it has conducted over the past year in respect of the 130 largest banks in the euro area, considering their financial position as at the 31st December 2013.

Malta Applicants for Online Forex Trading - Category 2 / Category 3 Investment Services Licence

  October 22, 2014     By CSB Advocates
The MFSA recently circulated a notice outlining additional criteria with respect to the licensing of entities that would like to offer online forex trading to retail clients in terms of the Investment Services Act, Chapter 370 of the Laws of Malta.

MFSA on the Alternative Investment Fund Managers National Private Placement Regime

  October 9, 2014     By CSB Advocates
The MFSA recently published a set of documents formalising the implementation of the National Private Placement Regime (‘NPPR’) in Malta.

MFSA Thematic Review on Compliance with the Requirements on Governance, Compliance & Risk Management in Malta

  October 5, 2014     By CSB Advocates
The MFSA recently published a circular addressed to the compliance officers of investment services license holders with consolidated feedback from the Securities and Markets Supervision Unit.

Malta Financial Services Authority Issues a Consultation Document on the Proposals for Securitisation Cell Companies Regulations

  September 11, 2014     By CSB Advocates
Cell companies have been an established feature of Maltese legislation since 2004, following the enactment of the Companies Act (Cell Companies carrying on business of insurance) Regulations, 2004 (the “PCC Regulations”). Since then the cell company concept in Malta has not only taken root among market operators and practitioners but has also influenced the development of other legal frameworks in the insurance and funds sector.

Equal Treatment in Employment in Malta

  September 1, 2014     By CSB Advocates
An amendment to our laws, now makes it illegal for employers to discriminate against transgender individuals, on grounds of sex. Prior to August 2014, the law only made reference to sexual orientation, without specific reference to those who underwent gender reassignment.

Plans for a New Marina in Sa Maison, Pietŕ Malta

  August 28, 2014     By CSB Advocates
The Authority for Transport in Malta plans to issue a request for proposals for the development and operation of an all-weather marina with up to 240 berths and shore facilities at Sa Maison in Pietŕ.

2014 Amendments to the Malta Retirement Programme Rules

  August 18, 2014     By CSB Advocates
Legal Notice 269 of 2014 has amended the Malta Retirement Programme Rules which were originally promulgated in 2012.

Malta Residence Programme Rules 2014

  August 13, 2014     By CSB Advocates
By virtue of two legal notices published on the 8th of July, the High Net Worth Individuals Rules (HNWI Rules) have now been amended to reflect the Global Residence Programme threshold, both in terms of tax and property value (be it purchase or lease), and a new special tax status is presented.

Your Rights as a Consumer in Malta

  August 4, 2014     By CSB Advocates
When purchasing a product in terms of the Maltese Consumer Affairs Act, consumers have clear-cut legal rights. The warranty provided by the supplier or the manufacturer cannot curtail or negatively affect the consumer’s rights.

EU Nationals Working in Malta

  July 30, 2014     By CSB Advocates
According to a Parliamentary answer by the Maltese Employment Minister Evarist Bartolo, a total of 10,035 EU nationals were working in Malta as at end of December 2013.

Data Retention Directive is to be Succeeded in the UK by Emergency Data Law

  July 17, 2014     By CSB Advocates
The EU Data Retention Directive (2006/24/EC) was introduced into EU legislation during the aftermath of the terrorist attacks in Madrid, London and New York, and provided that communications firms should keep data about subscribers’ activities for a period of between 6 and 24 months.

AIFMD News Update: Distinguishing between Open and Closed-Ended Funds

  July 17, 2014     By CSB Advocates
When the AIFMD was adopted, no harmonised definition of “closed-ended” Alternative Investment Funds (“AIFs”) was provided within the Directive’s text.

FATCA - Malta on the Way to Implementing its IGA

  July 15, 2014     By CSB Advocates
Following the signature of the intergovernmental agreement (“IGA”) between Malta and the US on the 16th December, 2013 whereby the latter agreed to implement Foreign Account Tax Compliance provisions (commonly known as FATCA) in Malta, the Inland Revenue Department (“IRD”) has issued draft FATCA Regulations and Guidelines implementing the said intergovernmental agreement.

A Potential Regulatory Regime for Virtual Currencies is Proposed by EBA

  July 15, 2014     By CSB Advocates
The European Banking Authority (EBA) published on the 4th of July 2014 an Opinion addressed to the EU Council, European Commission and European Parliament setting out the requirements that would be needed to regulate ‘virtual currencies'.

The Regulation of Virtual Currencies - A Positive Step Undertaken by the EBA

  July 7, 2014     By CSB Advocates
On Friday the 4th of July the European Banking Authority (EBA) published an opinion addressed to the EU Council, European Commission and European Parliament outlining its view on how ‘virtual currencies' should be regulated.

An Update on the UCITS V Directive

  July 6, 2014     By CSB Advocates
The UCITS V Directive shall shortly be published in the Official Journal of the European Union later on this year.

Loan Funds Take the Stage in Malta

  June 17, 2014     By CSB Advocates
Spurred by various enquiries on the matter, the MFSA has last week launched the Investment Services Rules for Loan Funds (the “Rules”) which provide for the licensing and regulation of collective investment schemes investing through loans (“Loan Funds”). This paper will analyse the Rules and how these fit into the current Maltese fund legislation.

Part-Time Self-Employed Tax Submission in Malta

  June 16, 2014     By CSB Advocates
The form for the submission for tax purposes of part-time, self-employed individuals has been amended by virtue of Legal Notice 186 of 2014 [Part-Time (Forms of Self-Employed) (Amendment) Rules, 2014], therefore replacing the previous form in toto.

Netflix Accused of Mudslinging

  June 12, 2014     By CSB Advocates
Verizon, the US telecommunications giant, has issued Netflix with a “cease and desist” letter following media reports claiming that Netflix was blatantly telling its customers that the Verizon network was responsible for faulty streaming.

Moneyval's Statement Calling for Enhanced Due Diligence Measures for Bosnia and Herzegovina Transactions

  June 12, 2014     By CSB Advocates
On 1st June 2014, the Council of Europe Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) issued a public statement about the persistence of deficiencies in the anti-money laundering and counter financing of terrorism (AML/CFT) regime in Bosnia and Herzegovina.

Individual Investor Programme of the Republic of Malta

  June 9, 2014     By Mamo TCV Advocates
The Maltese Government has introduced the Individual Investor Programme to enable the state to grant citizenship, by way of a certificate of naturalization, to foreign individuals and families who contribute to the economic development of Malta.

The Protection of Depositors in the Event of a Bank Failure

  June 2, 2014     By CSB Advocates
The liability of financial supervisory authorities and deposit-guarantee schemes. However, it has proved not to be sufficient: bank failures still do happen, causing serious negative consequences not only on depositors’ personal level – they become unable to recover their savings – but also on a general level, since the solidity of the financial sector will appear undermined. With a view to limit such risks, deposit-guarantee schemes have been created and are being constantly improved.

Corporation Ordered to Pay €205,694, in Lieu of Salaries and Repatriation Expenses

  May 27, 2014     By CSB Advocates
Last month Judge Padovani Grima ordered the Ladybug Corporation to pay the 22 crew members, the sum of €205,694, in lieu of salaries and repatriation expenses, after that the owners had stopped communication with the International Transport Workers’ Federation, refused to take calls and had abandoned the crew and vessel.

Is Apple in Breach of EU Consumer Rights Law?

  May 27, 2014     By CSB Advocates
On the 13th May 2014 the Norwegian Consumer Council lodged a complaint against Apple with Norway’s Consumer Ombudsman. According to the complaint, Apple’s iCloud service violates European consumer law by allowing Apple to change its terms and conditions at any time without giving notice to its customers.

Update on MiFID II and MiFIR

  May 26, 2014     By CSB Advocates
ESMA, the European Securities and Markets Authority issued consultation documents for the implementation of the revised Markets in Financial Instruments Directive (MiFID II) and Regulation (MiFIR) on 22nd May 2014.

Oracle vs Google – Software Copyright Case

  May 21, 2014     By CSB Advocates
The US Court of Appeals ruled last Monday the 12th of May that software source code can qualify for copyright protection in certain circumstances.

Google Receives Influx of Take-Down Requests

  May 20, 2014     By CSB Advocates
Google has certainly had some experience dealing with take-down requests in the past – primarily dealing with copyright infringing content – but nothing was to prepare it for the overwhelming influx of requests it reportedly received following the ECJ ruling on the subject last week.

US Authorities Granted Power to Search Foreign Servers

  May 7, 2014     By CSB Advocates
Last week a district judge in New York ruled that US authorities can access and search through electronic data stored by US companies on servers based outside the US.

An Update on MiFID II/MIFIR in Malta

  April 30, 2014     By CSB Advocates
On the 23rd of April 2014, the European Parliament adopted updated rules for MiFID II. The Directive and the Regulation are expected to enter into force in June 2014.

Malta - Industry Update - UCITS V

  April 30, 2014     By CSB Advocates
On the 25 February 2014 an agreement was reached for the amendment of the UCITS Directive (2009/65/EC). UCITS V has been designed to enhance investor confidence and protection by introducing additional safeguards:

MFSA Clarifies the Limits Applicable to Cross Sub-Fund Investments

  April 30, 2014     By CSB Advocates
Subject to certain conditions, a sub-fund of a PIF or of an AIF which is constituted as a SICAV is allowed to invest up to 50% of its assets into another sub-fund or sub-funds within the same umbrella scheme.

Malta Confirms its Individual Investor Programme (IIP)

  April 30, 2014     By CSB Advocates
The Malta Individual Investor Programme (IIP) is to allow for the grant of citizenship by a certificate of naturalization to foreign individuals and their families who contribute to the economic development of Malta.

Regulating Corporate Services Providers in Malta

  April 30, 2014     By CSB Advocates
On the 24th December 2013, Chapter 529 of the Laws of Malta was promulgated, comprising the new Company Service Providers Act. This Act aims to regulate corporate services providers with a view to strengthen the industry’s arsenal against abuse of the financial system for the purposes of money laundering and terrorist financing.

EU Mobile Roaming Charges - Moving Towards an Open Internet

  April 3, 2014     By CSB Advocates
The concept of ‘net neutrality’, or of ‘open internet’, refers to the notion that internet service providers and governments should treat all data on the Internet equally. Advocates of this concept envisage an internet where people can use their internet connection from anywhere and for anything with no additional charges and/or restrictions.

The Fage Greek Yoghurt Case

The world renowned manufacturer of Greek Yoghurt, FAGE, has recently won an ‘extended passing-off’ case against Chobani UK Limited and Chobani, Inc in the United Kingdom. Interestingly, an extended passing-off claim, unlike a classic passing-off claim, may be brought by one or more members of a class of traders which share the collective goodwill in a mark.

The EU Court Rules Linking to Free Web Content is Legal

Last month the European Court ruled that websites can link to freely available content without the permission of the copyright holder.

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