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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
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Professional Investor Funds – amended application Legal UpdatesNews

Professional Investor Funds – amended application

In a circular dated the 18th of March 2022, the Malta Financial Services Authority ("MFSA") issued a circular titled: Publication of a Revised Application Form for Professional Investor Funds ("PIFs").In its circular issued earlier in 2021, the MFSA outlined that the new application form is part of a wider update to consolidate the licensing processes of various Collective Investment Schemes authorised by the MFSA. Although PIFs do not have passporting rights, this type of fund remains the most efficient investment vehicle for hedge fund managers who are targeting professional investors with a higher risk tolerance through a more dynamic regulatory approach.The…
MamoTCV Advocates
28th March 2022
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MFSA Update: PMDR Notifications to be Filed Online Capital MarketsLegal Updates

MFSA Update: PMDR Notifications to be Filed Online

Persons discharging managerial responsibilities ('PMDRs'), or persons closely associated with them, are now required to submit PMDR notifications through the Malta Financial Services Authority's ('MFSA') online form. In terms of the Market Abuse Regulation (Regulation (EU) No 596/2014, hereinafter the 'Regulation'), PMDRs and persons closely associated with them are required to notify the issuer and the MFSA of every transaction conducted on their own account relating to the shares or debt instruments of that issuer once the total value of transactions executed in a calendar year exceeds €5,000. It is important to note that such notifications must be made by…
MamoTCV Advocates
13th January 2022
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Mamo TCV Delivers seminar on Company Secretary at Society Education Event Corporate and M&ALegal Updates

Mamo TCV Delivers seminar on Company Secretary at Society Education Event

On 30th November 2021, Dr Joshua Chircop delivered a seminar regarding the Duties of the Company Secretary on behalf of Mamo TCV Advocates on the invitation of Society Education. The presentation was split into three parts, with the first examining the appointment and removal of the company secretary. The second part focused on the statutory functions and responsibilities of the company secretary together with the holding of general meetings and board meetings. The third part of the seminar focused on the responsibilities of the company secretary under VAT legislation together with salient considerations under the Prevention of Money Laundering Act and…
MamoTCV Advocates
7th December 2021
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Mamo TCV Participates in Malta Law Students’ Society Seminar Legal Updates

Mamo TCV Participates in Malta Law Students’ Society Seminar

Joshua Chircop, an Associate in the firm's corporate and aviation practice groups, was invited to speak at the University of Malta by the Għaqda Studenti Tal-Liġi (GħSL) (Malta Law Students' Society). Dr Chircop joined fellow legal practitioners on a panel of speakers sharing their experiences as students and the early years of their profession. The speakers shared their memories of their first days as freshers, and what inspired them to choose the legal profession as a career. They also shared some useful tips and tricks of how one might handle the challenges of the law course. The speakers also discussed…
MamoTCV Advocates
14th October 2021