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Corporate and M&A

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New Regulations Setting Up a Company Recovery Fund Corporate and M&A

New Regulations Setting Up a Company Recovery Fund

On 12th May 2020, Legal Notice 192 of 2020, the Companies Act (Company Reconstructions Fund) Regulations 2020 (the "Regulations") was published to supplement the company recovery procedure as provided under article 329B of the Companies Act (Chapter 386 of the laws of Malta) (the "Act").Objective of the RegulationsThe Regulations set up and regulate the administration and operation of a fund to be designated the Company Recovery Fund (the "Fund") which is intended to facilitate the company recovery procedure under article 329B of the Act. The Fund shall receive a maximum amount of €500,000 annually from the Malta Business Registry provided…
Nicole Portelli
15th May 2020
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Commission Approves Malta’s R&D State Aid Scheme Corporate and M&ACOVID19 MeasuresLegal Updates

Commission Approves Malta’s R&D State Aid Scheme

On 22nd April, 2020, the European Commission approved Malta's €5.3 million scheme to support investment in research and development related to the current pandemic. Any company, including public entities, intending to undertake research and development regarding COVID-19, and other related projects may benefit under the scheme. The scheme is intended to support the development of new solutions – such as medicinal products, medical equipment, and data collection tools – for the current crisis while also bettering foresight tools and methodologies for the future. Beneficiaries will receive aid, in the form of direct grants, of between 80% and 100% of the…
MamoTCV Advocates
28th April 2020
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Duties of Directors of Financially Distressed Companies Corporate and M&ANews

Duties of Directors of Financially Distressed Companies

Professor Andrew Muscat, who heads the Corporate Law Department at the Firm, has published a series of articles in the Times of Malta dealing with the duties and liabilities of directors of a company experiencing financial difficulties. This subject is particularly relevant these days when several companies are finding themselves in a difficult position as a result of the Covid-19 worldwide pandemic. The first article in the series introduced the subject of directors' duties and the notion of insolvency (https://timesofmalta.com/articles/view/duties-and-liabilities-of-directors-of-companies-in-financial.786188 )The second article explored the statutory duties of directors, including those duties which, if breached, may constitute a criminal offence…
Andrew Muscat
22nd April 2020
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COVID-19 Update: Closure of Public Places Corporate and M&ACOVID19 MeasuresLegal UpdatesNews

COVID-19 Update: Closure of Public Places

Due to the COVID-19 outbreak, the Superintendent of Public Health issued Legal Notice 76 of 2020 entitled 'Closure of Places Open to the Public Order, 2020' on 17 March 2020. The Legal Notice orders that all bars, restaurants, cafeterias, snack bars, cinemas, gyms, museums, exhibitions, clubs, discotheques, night clubs, open-air markets, indoor swimming pools, the national swimming pool, gaming premises – including controlled gaming premises, bingo halls, casinos, gaming parlours, lotto booths and betting shops be closed due to the outbreak. This notwithstanding, the Legal Notice allows restaurants, snack bars and kiosks to continue to provide their delivery and take-away…
MamoTCV Advocates
18th March 2020
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Consumer Legislation: Revamp of Consumer Law Directives Corporate and M&A

Consumer Legislation: Revamp of Consumer Law Directives

This article was written by​ Dr Annalies Muscat and Dr Laura SpiteriOn the 7 January 2020, Directive 2019/2161 of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (the 'Directive') came into force. It amends various Directives related to consumer law in the light of the various technological developments that have taken place on the online marketplace. This article lists the salient amendments which will be brought about by the Directive.Unfair Terms Directive1The Directive amends the Unfair Terms Directive, which now requires Member States to lay down rules on penalties…
Annalies Muscat
9th January 2020
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The Right to a Fair Hearing in Consumer Law Proceedings Corporate and M&A

The Right to a Fair Hearing in Consumer Law Proceedings

This article is written by Dr. Annalies Muscat On the 31 October 2019, the First Hall in its Constitutional Jurisdiction handed down judgement in Digisec Media Limited v Director General (Consumer Affairs) and Advocate General. It affirmed that public enforcement proceedings in relation to consumer law are criminal in nature and therefore are protected by the constitutional guarantee to a fair hearing as applicable to criminal offences.On the 18th of May 2018, in line with the provisions of the Consumer Affairs Act ("the Act") and the Consumer Rights Regulations ("the Regulations"), the Director General (Consumer Affairs) issued an administrative decision…
Annalies Muscat
18th December 2019