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Neeraj Bharwani

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Data Protection and PrivacyDORATelecoms, Media & Technology

DORA: An Overview of the Maltese Legal Provisions

On 16 July 2024, Legal Notice 166 of 2024 was published in Malta. This implemented the relevant provisions of DORA (full title being Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009, (EU) 648/2012, (EU) 600/2014, (EU) No 909/2014 and (EU) 2016/1011) into Maltese law. The said provisions can now be found under the Malta Financial Services Authority Act (Digital Operational Resilience Act (DORA)) Regulations, 2024 (S.L. 330.20) – the ‘Maltese Regulations’. The Maltese Regulations shall come into force on…
Neeraj Bharwani
31st July 2024
Mamo TCV Advocates - Act No XVIII of 2024 seeks to address certain issues in the provisions of the Companies Act
Corporate and M&A

An Overview of the Recent Amendments to the Companies Act

On 15th April 2024, Bill No. 96 titled the ‘Companies (Amendment) Bill’ was presented to Parliament by the Minister for the Economy, Enterprise and Strategic Projects for its first reading. The Bill was subsequently passed as Act No. XVIII of 2024 (the ‘Act’) on the 17th May 2024. The Act specifically seeks to clarify certain provisions related to inter alia the reduction of companies’ issued share capital and share cancellation following a share buy-back, the requisition of general meetings by shareholders and to improve the quality of reporting standards to the Registrar of Companies (the ‘Registrar’). The aim of this…
Neeraj Bharwani
30th May 2024
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Banking & Finance

Garnishee Orders – Recent Amendments to the Code of Organisation and Civil Procedure Could Place Significant Administrative Burden on Banks

This article was written by​ Dr Neeraj Bharwani and Dr Michael Psaila Act No. LXII of 2021 (the "Act") was published in the Government Gazette on the 29th October 2021 introducing several amendments to the provisions dealing with garnishee orders in the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta (the "COCP"). Briefly, the Act has extended the list of assets that cannot be subject to a garnishee order to include:(i) Private pensions and pensions issued by foreign governments up to the amount established for the highest pension issued by the Government; (ii) Benefits and subsidies…
Neeraj Bharwani
12th November 2021
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Corporate and M&A

Amendments to the Companies Act – Act No. LX of 2021

This article was written by​ Dr Neeraj Bharwani, Dr Martina Bonnici and Dr Andrea TheumaAct No. LX of 2021 (the "Act"), published in the Government Gazette on the 26th October 2021 introduced several amendments to the Companies Act, Chapter 386 of the Laws of Malta (the "Principal Act"). These amendments primarily relate to qualifications for a person to be eligible to act as a director and new address requirements for companies and their officers.The Act allows for different dates to be established for different provisions in the Act to enter into force. While certain provisions came into force on the 30th…
Neeraj Bharwani
31st October 2021