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Corporate and M&A

Legal Update
Corporate Legal Update for the Month of June 2023 Corporate and M&ALegal Updates

Corporate Legal Update for the Month of June 2023

On the 12th of June 2023, an Act to amend the Gaming Act (Chapter 583 of the Laws of Malta) was passed by the House of Representatives, which introduced article 56A to the Gaming Act in order to encourage the establishment of gaming operators in Malta who offer local and cross-border supply of services. On the 16th of June 2023, the MFSA published a Feedback Statement on the new Publication Policy, together with the Policy. Click   for an overview of the Publication Policy. The MFSA published a Circular on the 21st of June 2023 by way of an update…
Mamo TCV Advocates
14th July 2023
#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.
AML Insights 1 – Politically Exposed Persons 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
Legal Update
Corporate Legal Update for the Months of April and May 2023 Corporate and M&ALegal Updates

Corporate Legal Update for the Months of April and May 2023

On the 21st of April, Bill number 53 entitled the Arbiter for Financial Services (Amendment) Act (Chapter 555 of the Laws of Malta) was published among the Government Notices in the Supplement to the Government Gazette. This Bill has reached First Reading stage in Parliament and aims to amend the definitions of “customer” and “eligible customer” so as to enable consumer associations to file complaints before the Arbiter for Financial Services and to bring the Act in line with the provisions of Directive (EU) 2016/97. A subsequent Bill numbered 54 and entitled the Representative Actions (Consumers) Act was published in…
Mamo TCV Advocates
22nd June 2023
Legal Update
Corporate legal update for the month of March 2023 Corporate and M&ALegal Updates

Corporate legal update for the month of March 2023

The month of March 2023 has brought with it a new legislative Act to amend the Financial Markets Act (Chapter 345 of the Laws of Malta) and to provide for other matters ancillary or consequential thereto in the form of Act No. IX of 2023. This Act was passed by the House of Representatives on the 8th of March and assented to by the President on the 14th of March. Concurrently, a Legal Notice was published on the 14th of March by the name of the Financial Markets Act (Covered Bonds) Regulations, 2023, L.N. 59 of 2023. The scope of…
Mamo TCV Advocates
19th April 2023
Legal Update
Corporate Legal Update for the Month of February 2023 Corporate and M&ALegal Updates

Corporate Legal Update for the Month of February 2023

Over the month of February 2023, a number of Legal Notices have been published within the area of company law. A batch of Legal Notices enumerated L.N. 25 of 2023, L.N. 26 of 2023, L.N. 27 of 2023 and L.N. 28 of 2023 were published on the 7th of February regulating cross-border mergers, divisions and conversions of limited liability companies, respectively. On the 21st of February, L.N. 41 of 2023 was published which repealed the Companies Act (Public Companies – Annual General Meetings) Regulations; a set of regulations published in the context of the Covid-19 pandemic with the aim to…
Mamo TCV Advocates
3rd March 2023
The MFSA released a circular and updated the FAQs relating to TUBOR
The MFSA announced updates to the Trusts Ultimate Beneficial Ownership Register Corporate and M&A

The MFSA announced updates to the Trusts Ultimate Beneficial Ownership Register

The Malta Financial Services Authority (the “MFSA”) released a Circular on the 25th of January 2023 announcing important updates to the Trusts Ultimate Beneficial Ownership Register (“TUBOR”). With effect from the same date, the MFSA has also amended the FAQs relating to TUBOR. The MFSA reminded the industry that in the TUBOR Declaration, the trustee is required to indicate if the beneficiary of the trust (whether a corporate or individual beneficiary) has received a benefit or otherwise from the trust. To this end, a new field has been added in the TUBOR Declaration which requires the trustee to make this…
Joshua Chircop
7th February 2023