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Mamo TCV Advocates

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The Introduction of Appendix 2E – A Financial Return for Depositaries Legal Updates

The Introduction of Appendix 2E – A Financial Return for Depositaries

On the 11th of April 2022, the Malta Financial Services Authority (the "MFSA") issued a circular entitled "The Introduction of Appendix 2E – A New Regulatory Return for Licence Holders Offering Depositary Services Solely to Collective Investment Schemes". Through this circular, the MFSA remarked that along with the requirement to submit the annual report and audited financial statements, a new regulatory return, being Appendix 2E, is being introduced for depositaries of Collective Investment Schemes that are not allowed to offer any MiFID services and licensed as a credit institution in terms of the Capital Requirements Directive. The depositaries who are…
Mamo TCV Advocates
19th April 2022
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Bona fide disputes and defining a creditor for the purposes of liquidation proceedings Legal Updates

Bona fide disputes and defining a creditor for the purposes of liquidation proceedings

In a decision delivered on the 13th March 2022, case no. 246/2018 ISB, the Civil Court (Commercial Section) placed the defendant company into liquidation on the ground that it was unable to pay its debts, after considering and concluding that the circumstances that had previously led the Court in the same case to determine the existence of a bona fide dispute and consequently suspend the hearing of the liquidation proceedings, no longer existed. The circumstances referred to consisted of proceedings instituted by defendant company in The Netherlands against the company demanding its liquidation in Malta ('the applicant company') as well…
Mamo TCV Advocates
5th April 2022