Insights

Mortgage Credit Intermediaries in Malta: What Applicants Need to Know Following the 2026 Reforms

In Malta, a business assisting prospective homebuyers in securing mortgage financing may not itself provide the loan. Nevertheless, depending on the nature of its activities, it may be required to obtain regulatory admission from the Malta Financial Services Authority (“MFSA”). On 4 November 2026, the MFSA published revised Credit Intermediaries Rules relating to Mortgage Credit Agreements (the “Rules”), following the introduction of the Mortgage Credit Intermediaries (Admission) Regulations, 2026, through Legal Notice 263 of 2026. Although admission requirements for mortgage credit intermediaries were already established under Malta's implementation of Directive 2014/17/EU (the “Mortgage Credit Directive”), the revised framework aligns the…

Rachel Gauci10th November 2026

Employment and Industrial Relations

Equal Pay In Practice: The Court of Appeal Weighs In

Industrial Tribunal Decision In a decision delivered on 13 February 2026, case number 4040/22/AM, the Industrial Tribunal (the “Tribunal”) considered a claim brought by a former Senior Manager against the Transport Malta Authority concerning differences in remuneration between employees occupying the same grade. The claimant alleged that other Senior Managers had received salary increases which he had not received. A central issue was the treatment of performance-related salary increases. While the Tribunal held that the claimant was not automatically entitled to a performance bonus, it distinguished this from increases which, although initially awarded on the basis of performance, were subsequently…

Christine Calleja and Klara Cachia5th November 2026

Financial Services Regulatory & Fintech

Beyond Sustainability Promises: ESMA Clarifies Impact and Climate Transition Claims

An investment fund may hold shares in a renewable energy company without necessarily contributing to the environmental benefits that company generates. Similarly, a fund may report a lower portfolio carbon footprint even when emissions from its investee companies have not fallen. These distinctions matter when sustainability-related claims are communicated to investors. On 27 October 2026, the Malta Financial Services Authority (“MFSA”) issued a circular drawing attention to two thematic notes published by the European Securities and Markets Authority (“ESMA”) on 12 October 2026. The notes address impact claims and climate transition claims made in non-regulatory communications, including marketing materials and…

Rachel Gauci4th November 2026

Financial Services Regulatory & Fintech

Prediction Markets in Malta: Financial Instruments, Crypto-Assets or Bets?

Will a company's share price rise? Will a football team win its next match? Prediction markets allow people to trade contracts based on the outcomes of such events. While the concept may appear straightforward, the legal position is less so. Depending on the nature of the contract, what looks like a simple prediction could be treated as a financial instrument, a crypto-asset or a bet. On 19 October 2026, the Malta Financial Services Authority (“MFSA”) issued a circular on Prediction Markets and Event Contracts, clarifying how existing regulatory frameworks may apply to this increasingly prominent business model. What Exactly Are…

Rachel Gauci23rd October 2026

Corporate and M&A

Merits of Article 325 Revisited: Carmel Cortis Constitutional Judgment

Introduction On 12 October 2023, the First Hall of the Civil Court, in its Constitutional Jurisdiction in Carmel Cortis et v. Office of the Prime Minister et (Rik. Nru. 21/19TA), held that the provisions of the Companies Act (Cap. 386 of the Laws of Malta) (the “Act”) through which the property of a company struck off the register as defunct devolves upon the Government of Malta breached the fundamental right to property protected by Article 37 of the Constitution of Malta and Article 1 of Protocol No. 1 to the European Convention on Human Rights (“A1P1”), as well as the…

Andrea Theuma, Tessa Borg Bartolo and Jacob Gatt20th October 2026

Corporate and M&A Litigation & Dispute Resolution

Pressing Pause: Can a Liquidation itself be stayed?

This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision, outlining when it applies, the steps required, and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. Once a company has been placed into liquidation by a court order, most assume the process simply runs its course. But what happens if continuing the liquidation no longer makes sense, either because the matter is…

Kristen Camilleri and Jonathan Abela Fiorentino14th October 2026