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Insights

Fintech Insights #5 –
Reverse Solicitation in EU’s MiCA Banking & FinanceFinTech

Fintech Insights #5 –
Reverse Solicitation in EU’s MiCA

The Markets in Crypto Assets Regulation (MiCA)1 provides the legal framework for digital asset services within the European Union. This regulation, detailed with its 149 articles and 6 annexes, mandates that entities wishing to provide digital asset services across the EU must secure authorisation in one of the EU Member States. It impacts Malta not only because of the regulation’s direct applicability but also because the jurisdiction is known for its forward-thinking stance in financial technology law due to its early implementation of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta. In this fintech insight, rather…
Mario Mizzi
14th November 2023
MFSA update on the Corporate Governance Manual for Directors of Collective Investment Schemes Investment Services & Funds

MFSA update on the Corporate Governance Manual for Directors of Collective Investment Schemes

On the 30th of October 2023, the MFSA issued a circular about the Corporate Governance Manual it issued in relation to directors of Collective Investment Schemes (CIS). This Manual is an updated version from the one issued by the authority on the 22nd August 2022 and is based on a set of core principles which shall act as a foundation for good governance practices which the MFSA have recommended to directors, for them to apply to the best of their abilities, and in proportion to the fund’s nature and size. The Manual outlines numerous best practices for directors to apply,…
Matteo Muscat Filletti
14th November 2023
Staff at Mamo TCV Advocates make Donation to Hospice Malta News

Staff at Mamo TCV Advocates make Donation to Hospice Malta

As part of the firm’s Pink October initiatives, members of staff at Mamo TCV Advocates collected donations for Hospice Malta  during a dress-down breakfast held on 6th October and a treasure hunt that was held on 20th October. Hospice Malta is a non-profit organization dedicated to providing palliative care and support to individuals facing serious illness. Their compassionate team works tirelessly to improve the quality of life for patients and their families, ensuring comfort and dignity during challenging times. Anyone interested in supporting Hospice Malta or learning more about their vital work can reach out to them at www.hospicemalta.org
Mamo TCV Advocates
8th November 2023
Regulatory Compliance Quarterly Update | Q3 2023 Insurance & ReinsuranceInvestment Services & FundsRegulatory Compliance

Regulatory Compliance Quarterly Update | Q3 2023

We are pleased to issue our sixth edition of the Regulatory Compliance Quarterly Updates. These updates are intended to keep Maltese regulated entities informed of regulatory changes and developments taking place in the local financial services space. In this issue, we focus on the sector specific and cross-sectoral regulatory updates relating to investment services, asset management, insurance undertakings, and insurance intermediaries. Our sixty Regulatory Compliance Quarterly Update can be found here.The Regulatory Compliance Quarterly Update does not purport to give legal, regulatory,financial or tax advice. Should you require further information or assistance, please do not hesitate to contact Michael Psaila,…
Mamo TCV Advocates
6th November 2023
The Concept of a Share Buyback Under the Companies Act Corporate and M&A

The Concept of a Share Buyback Under the Companies Act

A share buyback essentially occurs when a company acquires some of its own shares through means other than by subscription. Such acquired shares are colloquially referred to as treasury shares and allow for flexibility with regards to the company’s capital structure since the sale thereof does not constitute an allotment or issue of shares and thus the restrictions imposed thereon do not apply.1 The procedure which a company must necessarily undertake in order to validly buy back its own shares is outlined in Articles 106 and 107 of the Companies Act (Chapter 386 of the Laws of Malta) (the “Companies…
Clarice Debono and Joshua Chircop
31st October 2023
The Rise of the Influencer: Consumer Protection and #Sponsored Content Antitrust, Competition and Trade

The Rise of the Influencer: Consumer Protection and #Sponsored Content

Are you an influencer? Do you earn money or other benefits by creating content on social media? Influencers that are offered deals to advertise a brand’s products over social media platforms will qualify as traders and should thus disclose their adverts in a transparent manner. Over the coming weeks, the European Commission will be screening online posts to identify any sponsored posts uploaded to social media by influencers which could mislead consumers. This article will briefly consider your obligations, as an influencer, on the digital market. The rise of social media has given brand owners the ability to push their…
Laura Spiteri
24th October 2023