Skip to main content

Insights

News_GDPR.jpg
Mamo TCV Advocates launches GDPR Microsite (www.gdprmalta.com) NewsTelecoms, Media & Technology

Mamo TCV Advocates launches GDPR Microsite (www.gdprmalta.com)

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​On ​​​​​​​​​​​​​​​​​​​25 May 2018, the EU General Data Protection Regulation (GDPR) will repeal and replace the main data protection laws of all Member States, including Malta. Maltese organisations have less than a year to prepare for the many new, and in some cases, onerous obligations introduced by the GDPR. We have recently launched our GDPR microsite (www.gdprmalta.com) that provides easy to read information and resources about the new EU Regulation. Download our free GDPR Guidelines, subscribe to our GDPR mailing list and get in touch with our data protection experts (dataprotection@mamotcv.com) to learn more!The GDPR at a glance:✓ Fines up to ​​​€20,000,000 or…
Claude Micallef Grimaud
25th May 2017
Gavel.jpg
Invoking an arbitration clause in a contract subject to Maltese law Litigation & Dispute Resolution

Invoking an arbitration clause in a contract subject to Maltese law

The Maltese Arbitration Act was meant inter alia to confirm in general the supremacy of the will of the parties to a contract containing an arbitration clause, to choose arbitration to the exclusion of ordinary courts. In view of recent developments in case-law interpreting and applying a provision in the same Arbitration Act, the ordinary courts seem to be fighting back to retain more than the residual authority which the courts traditionally retained for themselves when the contracting parties would have agreed on an arbitration clause. DisclaimerThis document does not purport to give legal, financial or tax advice. Should you…
Stephen Muscat
18th May 2017
News_Securitisation.jpg
Malta: Securitisation Cell Companies Insurance & Reinsurance

Malta: Securitisation Cell Companies

The Securitisation Cell Companies Regulations (S.L. 386.16) which were enacted on the 28th November 2014 provide for an effective and robust legal framework for segregation of different sets of assets and risk instrument within a single special purpose vehicle, the Securitisation Cell Company, permitting the creation of multiple securitisation transactions without incurring any risk of cross-contamination between the different creditors and investors of the individual cells.To date the Maltese regulator, the Malta Financial Services Authority has 36 notified securitisation vehicles, and one reinsurance vehicle.Furthermore 17 cells have been granted a licence. Key features of Securitisation Cell CompaniesA Securitisation Cell Company (SCC)…
Petra Attard
11th May 2017
News_Counterfeiting.png
What is the Public’s Perception of Piracy and Counterfeiting in Europe? Intellectual Property

What is the Public’s Perception of Piracy and Counterfeiting in Europe?

The European Union Intellectual Property Office (EUIPO) * has carried out a survey to gauge the perceptions and various sentiments held by EU citizens towards intellectual property rights, which encompass various aspects such as trademarks, designs, patents, copyright and the registration and protection of such.** The survey collected the views of over 26,500 people aged 15 and over across all 28 EU Member States, including Malta. THE EUIPO had also conducted a similar survey in 2013, the results of which have been complemented by this more recent survey. Comparisons to the 2013 survey allow for an insight into how the public…
Antoine Camilleri
5th May 2017
News_PostTermination.jpg
Limiting the applicability of post-termination restraints on employees in Malta Employment and Industrial Relations

Limiting the applicability of post-termination restraints on employees in Malta

The First Hall of the Civil Court delivered a judgment on the topic of post-termination of employment restrictive clauses, in the names of Cutrico Services Ltd vs Josef Penza (23rd February 2017). This judgment highlights the importance of careful drafting of employment contracts, in particular as regards restraints on the employees, since these can easily be considered as being against competition. The defendants's employment contract had contained a restrictive clause which provided that he was not, for his own account or for that of any other person, firm or company, solicit or interfere or endeavour to entice away from the…
Christine Calleja
28th April 2017
News_SICAV.jpg
Mamo TCV Advocates assist with the first transformation of a SICAV to an incorporated cell under a RICC in Malta Investment Services & Funds

Mamo TCV Advocates assist with the first transformation of a SICAV to an incorporated cell under a RICC in Malta

Mamo TCV Advocates recently assisted clients with the first transformation in Malta of an Investment Company with Variable Share Capital ("SICAV") to an incorporated cell ("IC") under a Recognised Incorporated Cell Company ("RICC"). This transformation was effected using the provisions of the Companies Act (Recognised Incorporated Cell Companies) Regulations (Subsidiary Legislation 386.15 of the Laws of Malta). The SICAV IC is also licensed by the Malta Financial Services Authority ("MFSA") as an alternative investment fund ("AIF") under the Alternative Investment Fund Managers Directive (Directive 2011/61/EU of the European Parliament and of the Council of the 8th June 2011).The Investment Services…
Nicholas Micallef
21st April 2017