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Mamo TCV (VFA) Ltd registered as VFA Agent Legal Updates

Mamo TCV (VFA) Ltd registered as VFA Agent

We are pleased to announce that our subsidiary company, Mamo TCV (VFA) Ltd, has been set up and officially registered as a VFA Agent with the Malta Financial Services Authority, in terms of Article 14 of the Virtual Financial Assets Act (Chapter 590 of the Laws of Malta) (the "Act"). Mamo TCV (VFA) Ltd is now eligible to assist Virtual Financial Assets ("VFA") Service Providers to apply for a licence under the Act and support VFA Service Providers in any ancillary matters permitted by the VFA legal framework. Disclaimer This document does not purport to give legal, financial or tax…
MamoTCV Advocates
1st August 2019
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Amendments to the Competition Act and Consumer Affairs Act are now in force Legal Updates

Amendments to the Competition Act and Consumer Affairs Act are now in force

On 29 July 2019, Legal Notice 179 of 2019 brought the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act ("the Amendment Act") into force. The Act introduced extensive amendments to the Competition Act (read more here) and the Consumer Affairs Act (read more here). These amendments are a welcome change intended to ensure that the procedure adopted by the relevant administrative authorities in competition and consumer cases comply with the right to a fair hearing enshrined in the Constitution of Malta. Disclaimer This document does not purport to give legal, financial or tax advice. Should you require…
MamoTCV Advocates
31st July 2019
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MFSA publishes Guidance Document on “Fit & Proper” Assessments Legal Updates

MFSA publishes Guidance Document on “Fit & Proper” Assessments

The MFSA (the "Authority") has issued a guidance document on the fitness and properness assessment which is currently applied by the Authority. This document outlines the high-level principles that must be adhered to in order to safeguard and ensure the integrity of the financial services sector.In assessing the fitness and properness of individuals proposed for, or holding, approved positions, the Authority assesses the following four criteria:i. Competence;ii. Reputation;iii. Conflicts of Interest and Independence of Mind; andiv. Time Commitment. It is important to note that this assessment is an on-going requirement and thus, even when individuals are approved, they will still…
MamoTCV Advocates
10th July 2019
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MFSA publishes Guidance Document on “Fit & Proper” Assessments Legal Updates

MFSA publishes Guidance Document on “Fit & Proper” Assessments

The MFSA (the "Authority") has issued a guidance document on the fitness and properness assessment which is currently applied by the Authority. This document outlines the high-level principles that must be adhered to in order to safeguard and ensure the integrity of the financial services sector.In assessing the fitness and properness of individuals proposed for, or holding, approved positions, the Authority assesses the following four criteria:i. Competence;ii. Reputation;iii. Conflicts of Interest and Independence of Mind; andiv. Time Commitment. It is important to note that this assessment is an on-going requirement and thus, even when individuals are approved, they will still…
MamoTCV Advocates
10th July 2019
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Human Rights Update – A1-P1 cases decided in May 2019 Legal Updates

Human Rights Update – A1-P1 cases decided in May 2019

The European Court of Human Rights (the "ECtHR") has decided the following Article 1 of Protocol No. 1 ("A1-P1") cases during the month of May 2019: Zammit & Vassallo v. Malta  – where the European Court of Human Rights found a breach of applicants' right to property after the Maltese Government carried out a de facto expropriation of their flat in Senglea. The Maltese Government had failed to properly compensate the applicants for their loss, and the amount liquidated by the Constitutional Court was also too low. Application No. 43675/16 decided on the 28th May 2019Disclaimer This document does not purport…
MamoTCV Advocates
27th June 2019
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MFSA and FIAU issue Guidance Document for Credit Institutions, Payment Institutions and Electronic Money Institutions opening accounts for FinTechs. Legal Updates

MFSA and FIAU issue Guidance Document for Credit Institutions, Payment Institutions and Electronic Money Institutions opening accounts for FinTechs.

The Guidance Document for Credit Institutions, Payment Institutions and Electronic Money Institutions opening accounts for FinTechs has been jointly published by the Malta Financial Services Authority and the Financial Intelligence Analysis Unit, following a public consultation issued on the 27th March 2019. The Guidance Document aims to assist the Institutions in developing a better understanding of the risks concerning customers of the Fintech realm, to allow these Institutions to offer their services to such customers while ensuring full compliance to the Prevention of Money Laundering and Funding of Terrorism Regulations. The full document can be found here.Disclaimer This document does…
MamoTCV Advocates
20th June 2019