Insights

Corporate and M&A

Malta: Bill for the Production of Cannabis for Medicinal Use

Malta: Bill for the Production of Cannabis for Medicinal Use Production of Cannabis for Medicinal Use Act, 2018On the 15 January 2018 a Bill was introduced by the Honourable Chris Cardona, M.P., Minister for the Economy, Investment and Small Businesses, to permit the local industrial production of cannabis products for medical use in the context of a controlled and supervised environment.Definition of Cannabis and Licence Requirement"Cannabis" is defined as "fresh or dried cannabis, cannabis oil, cannabis plant or seeds, derivatives of cannabis, and/or any substance and, or product set out in guidelines issued by the regulatory authority to be used…

Mikiel Calleja6th February 2018

Corporate and M&A

UBO Registry: New Reporting Requirements for Companies and Trusts

One of the key features of the newly transposed Fourth Anti- Money Laundering Directive (Directive 2015/849/EU) is the imposition of an obligation on all European Union Member States to ensure that all incorporated corporate and other legal entities maintain sufficient and up to date information on their beneficial ownership.In this regard, December 2017 saw the publication of the Companies Act (Register of Beneficial Owners) Regulations which imposed a requirement on all Maltese Companies (saving the exceptions listed below) to obtain and hold adequate, accurate and current information on beneficial ownership and to provide such information to the Malta Registry of…

Luke Mizzi1st February 2018

Employment and Industrial Relations

The importance (or otherwise) of disciplinary proceedings in dismissal cases

In a recent judgment, James Buhagiar vs Jani Limited, delivered on the 26th January 2018, the Court of Appeal examined in quite some detail the issue of disciplinary proceedings in unfair dismissal cases.The employee had been dismissed following an accusation of theft. The disciplinary procedures in the employment contract had been ignored. On the basis of this, the Industrial Tribunal had concluded that the dismissal was in violation of the right to a fair hearing and of the employment conditions. The Tribunal ordered the employer to reinstate the employee in his previous post without loss of pay for the correct…

Christine Calleja1st February 2018

Investment Services & Funds

MFSA launches Supplementary Licence Conditions applicable to Professional Investor Funds investing in Virtual Currencies.

After the Malta Financial Services Authority's ("MFSA") consultation process on the Regulation of Collective Investment Schemes Investing in Virtual Currencies and the subsequent feedback statement issued on such matter, the MFSA has published Supplementary Conditions applicable to Professional Investor Funds ('PIFs') investing in Virtual Currencies ('VCs'). Coupled with the recent discussion paper on Initial Coin Offerings, Virtual Currencies and Related Service Providers, it is clear that the MFSA is seeking to create a strong regulatory framework and ensure high levels of investor protection and market integrity in the ever-expanding digital economy. The supplementary license conditions have introduced new requirements targeted…

Luke Mizzi30th January 2018

Intellectual Property

A More Poignant New Year than Usual for French Winemakers After CJEU Ruling on “Champagner Sorbet” Case

Whilst champagne corks were popping all over the world this past New Year's, winemakers in the Northeast of France had little cause for celebration in the wake of the CJEU's decision over Aldi Süd's "CHAMPAGNER SORBET" dessert.Champagne has become somewhat of a posterchild for so-called Protected Designations of Origin (PDOs) – one of three regimes available under EU law whereby food producers across Europe so jealously guard their various namesakes.PDOs are sui generis intellectual property rights available to specific agricultural products originating in particular geographical regions. They can have serious implications for unsuspecting food traders all over the EU, including…

Jonathan Tonna22nd January 2018

Employment and Industrial Relations

Sexual Harassment and Discrimination at the Forefront of the News

The topic of discrimination and harassment featured prominently in last week's international news. BBC's former China editor, Carrie Grace, resigned from her post claiming pay discrimination based on gender, giving rise to the #IStandWithCarrie solidarity campaign. Meanwhile in Hollywood, during the Golden Globes, actresses wore black to take a stand against sexual harassment following the Harvey Weinstein scandal, in connection with the Time's Up movement. Locally, in an article published by the Times on the 12th January, it results that three out of every four women are sexually harassed at work. What is more shocking is that the blame-the-victim mentality…

Christine Calleja17th January 2018