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Joshua Chircop

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Segregated Cells in Aviation and Shipping Companies AviationShipping, Yachting and Transport

Segregated Cells in Aviation and Shipping Companies

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.A cell company may create one or more cells within itself for the purposes of segregating and protecting cellular assets. Each cell has distinct assets and liabilities and can therefore be used to carry out separate…
Joshua Chircop
29th April 2021
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Registrar for Companies Assumes the Function of Registrar for Legal Persons Trusts, Foundations and Wealth Management

Registrar for Companies Assumes the Function of Registrar for Legal Persons

The President, by and with the advice and consent of the House of Representatives, has enacted Act No. XLVII of 2020 to amend the Second Schedule to the Civil Code, Chapter 16 of the Laws of Malta (the "Second Schedule"), and the Companies Act, Chapter 386 of the Laws of Malta, and to provide for related and ancillary provisions.The function of the Registrar for Legal Persons has now been assumed by the Registrar for Companies of the Malta Business Registry. The Registrar for Legal Persons previously fell under the purview of the Public Registry within Identity Malta. Any reference to…
Joshua Chircop
18th August 2020
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COVID-19: Commission provides guidance on EU passenger rights AviationCOVID19 MeasuresShipping, Yachting and TransportTourism, Leisure & Hospitality

COVID-19: Commission provides guidance on EU passenger rights

Following the introduction of various measures across Member States due to the COVID-19 pandemic, including travel restrictions and border controls, passengers and transport operators are having to face cancellations and delays in transport. The European Commission has published the Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19 (hereinafter referred to as the "Guidelines") to ensure that EU passenger rights are applied consistently across the EU Member States. The Guidelines cover the rights of passengers when travelling by air, rail, ship or bus/coach, maritime and inland waterways, as well as the corresponding obligations…
Joshua Chircop
9th April 2020
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Amendments to Beneficial Ownership Regulations relating to Trusts, Foundations and Associations Trusts, Foundations and Wealth Management

Amendments to Beneficial Ownership Regulations relating to Trusts, Foundations and Associations

Amendments have been made to the beneficial ownership regulations relating to trusts, foundations and associations together with other amendments to the principal AML/CFT regulations. The purpose of the majority of these amendments is to transpose Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 and other amending Directives that might be applicable.Amendments to TrustsIn exercise of the…
Joshua Chircop
24th February 2020
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FIAU Publishes Revised AML/CFT Implementing Procedures Corporate and M&A

FIAU Publishes Revised AML/CFT Implementing Procedures

The Financial Intelligence Analysis Unit (the FIAU) has published an amended version of the Implementing Procedures Part 1, with changes taking effect from the 19th July 2019 (the Amendments). The FIAU has announced that the Amendments intend to provide Subject Persons with more in-depth qualitative guidance to assist them in better fulfilling their Anti-Money Laundering and Combatting the Financing of Terrorism (AML/CFT) obligations.This follows recent amendments to the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta (the PMLA) and the Prevention of Money Laundering and Funding of TerrorismRegulations, Subsidiary Legislation 373.01 of the Laws of Malta (the…
Joshua Chircop
31st July 2019
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Avoidance of Damage to Third Party Property Regulations Real Estate & Construction

Avoidance of Damage to Third Party Property Regulations

This article was written by Joshua Chircop and Nadia Abela.Overview and scopeThe 'Avoidance of Damages to Third Party Property Regulations' (L.N. 136 of 2019) (the 'Regulations') have been enacted by the Minister responsible for the building industry in virtue of the powers vested in him under the Building Regulation Act, after consultation with the Building Regulation Board (BRO). The scope of the Regulations is to ensure that before the start of any type of works consisting of any demolition, excavation, or construction, methodologies that are technically secure are prepared in order to minimise the risk of damages to third party…
Joshua Chircop
3rd July 2019