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Zachary Galea

#PEPs are a common topic of discussion in the world of #AML. In this article, the notion of PEPs and the risks involved when dealing with PEPs are considered.
Corporate and M&A

AML Insights 1 – Politically Exposed Persons

Who qualifies as a Politically Exposed Person? Politically exposed persons (or “PEPs”) are individuals who have been entrusted with a prominent public function. Regulation 2 of the Prevention of Money Laundering and Funding of Terrorism Regulations (“PMLFTR”) (Legal Notice 372 of 2017, as subsequently amended) includes a number of examples of roles which fall within the ambit of “prominent public function” which include heads of state, heads of government, ministers, parliamentary secretaries and members of parliaments. The definition provided in Regulation 2 of the PMLFTR also allows for the definition to be widened to include any person entrusted with a…
Zachary Galea
4th July 2023
The Malta Business Registry has introduced some key changes to its online company register portal following a judgement of the Court of Justice of the European Union.
Corporate and M&A

Malta Business Registry Updates Public Access to Beneficial Ownership Information

The Malta Business Registry has published a notice informing the public of a key change to its online website company register portal. Access by the general public to the beneficial ownership details of companies registered with the Malta Business Registry has been removed following a judgement of the Court of Justice of the European Union. The decision, taken on the 22nd November 2022, considered provisions of the Anti-Money-Laundering Directive (Directive (EU) 2015/849 of the European Parliament) wherein the Register of Beneficial Ownership had been established and that information on the beneficial owners of registered entities are to be entered and…
Zachary Galea
1st December 2022
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Corporate and M&A

Proposed Amendments to Companies Act may require Amendments to all current Memorandums and Articles of Associations

Bill No. 233 of 2021 proposes a number of amendments to the Companies Act, Chapter 386 of the Laws of Malta. These amendments relate to the qualifications required for a person to be a director of a company, the registration of electronic addresses and the obligation of every company to have a register of officers' and shareholders' residential addresses.One of these amendments falls under Article 69 of Chapter 386, which reflects the contents which are to be established within the memorandum of association of a company. Currently, Article 69(1)(d) of the Companies Act provides that the memorandum of association is…
Zachary Galea
16th July 2021
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COVID19 Measures

COVID-19 Update – MFSA Issues Information Regarding Coverage Under Insurance for Consumers

The MFSA has provided an informational update as a result of the COVID-19 which may affect consumers of insurance products.The MFSA has noted that any changes which may have been made to the terms and conditions relating to an insurance policy issued before the outbreak of COVID-19, cannot apply retrospectively or mid-term during the policy period. However, it has been noted that new policies which have been issued may include amendments and/or exclusions which take into consideration the risks arising due to COVID-19. The MFSA has also stated that policyholders may discover changes in their circumstances because of the outbreak…
Zachary Galea
27th March 2020
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Telecoms, Media & Technology

A Brief Overview of the EU Electronic Communications Code

On 17th December 2018, Directive 2018/1972 of the European Parliament and Council establishing the European Electronic Communications Code (the 'EECC') was published and it entered into force on December 20th 2018. This Directive relates mainly to the protection of end-users in the field of telecommunications law and was designed to improve upon the current protection provided to end-users under the present telecommunications framework. Directive 2018/1972 provides for a number of changes to the field of telecommunications law. Some of these changes include, inter alia, that EU Member States are to establish an independent method of comparing similar telecommunications services which are…
Zachary Galea
14th October 2019
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Real Estate & Construction

An Overview of the Amendments to the Government Lands Act

The Government Lands Act, Chapter 573 of the Laws of Malta, was drafted to regulate the administration of land owned by the Maltese Government. This Act provides for a number of scenarios relating to the acquisition of land by the Government for public purposes, as well as providing for the eviction from lands and properties which are administered or held by the Maltese Government. Legal notice 216 of 2019 provides for a number of amendments relating to the redemption of land which belongs to the Maltese Government or to the Lands Authority, and which falls under the title of revisable perpetual…
Zachary Galea
27th September 2019