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Insights

The legal obligation to disclose information is a frequent occurrence in investment services laws. The draft framework for regulating artificial intelligence in the EU also puts vigorous emphasis on transparency. In this insight briefing, we compare the transparency obligations under the AIFMD with Article 52 of the draft EU AI Act to analyse the former’s adroitness for AI utilisation.
AI & Funds #4 – Transparency Obligations Investment Services & Funds

AI & Funds #4 – Transparency Obligations

In the ‘Proposal for a Regulation laying down harmonised rules on artificial intelligence’ (the “draft EU AI Act”), transparency is regulated by Article 13 and Article 52 thereof. The former applies to systems of Artificial Intelligence (“AI”) which are classified as high-risk and the latter applies to limited-risk AI systems. As explained in the previous briefing of this series of insights on AI and investment funds, the use of AI in investment services will generally fall under limited-risk AI systems. The reason being that high-risk AI systems as defined under the draft EU AI Act do not include AI systems…
Mario Mizzi
2nd March 2023
To Notify or Not to Notify? Merger Control Rules in Malta
Should the Gun be Jumped? A Brief Insight into Merger Control in Malta Antitrust, Competition and Trade

Should the Gun be Jumped? A Brief Insight into Merger Control in Malta

Merger control constitutes the analysis carried out by the Office for Competition (the ‘Office’) in its assessment of those corporate transactions notifiable to it. The aim behind such an assessment is for the Office to consider whether that transaction – taking the form of the creation of a ‘concentration’ – is likely to impede effective competition. The Control of Concentration Regulations1 identify three types of concentrations: mergers, when two or more undertakings previously independent of one another fuse together resulting in an amalgamated new entity. acquisition of control, which consists of the acquisition of (in)direct control in an undertaking either…
Laura Spiteri
28th February 2023
Title [Capitalize the first letter of all words in the title - except short ones like ‘a’, ‘of’ etc.] [Please keep News Update Titles as short as possible} MFSA publishes Consultation Document on Proposed Amendments to the Insurance Business Act and Insurance Distribution Act
Proposed Amendments to the IBA and IDA set out by MFSA in Consultation Document Insurance & ReinsuranceLegal Updates

Proposed Amendments to the IBA and IDA set out by MFSA in Consultation Document

The MFSA published a Consultation Document on proposed amendments to the Insurance Business Act (hereinafter referred to as the “IBA”) and the Insurance Distribution Act (hereinafter referred to as the “IDA”) on the 22nd of February. The MFSA also made available the draft legislation, as well as a podcast laying down the proposed amendments. The amendments which have been put forward are geared towards allowing insurance undertakings authorised under the IBA, enrolled persons and companies under the IDA forming part of a group of companies, as well as Maltese branches or subsidiaries of multinational groups, to share confidential client information…
Mamo TCV Advocates
24th February 2023
Mamo TCV Advocates ranks Band 1 in Chambers Global 2023 for General Business Law News

Mamo TCV Advocates ranks Band 1 in Chambers Global 2023 for General Business Law

Chambers Global recently published its 2023 Global Guide and once again recognised Mamo TCV as one of the leading law firms in Malta. The firm was ranked as a Band 1 Firm for “General Business Law” – which was the only practice area in which Maltese firms were ranked. Chambers described the firm as a “stellar law firm with an acclaimed corporate and dispute resolution practice. The team often represents clients in commercial litigation, real estate disputes and contentious debt collection and credit recovery proceedings."  Mamo  TCV Advocates "frequently acts for clients on corporate restructurings and M&A transactions. The firm…
Mamo TCV Advocates
23rd February 2023
The proposed EU AI Act will provide for four risk classifications of artificial intelligence. Each classification will trigger different rules. In this insight briefing we analyse the use of AI in investment funds to determine which one of the four AI classifications would be applicable.
AI & Funds #3 – Risk Classifications Investment Services & Funds

AI & Funds #3 – Risk Classifications

If the draft EU regulation on Artificial Intelligence (“AI”) titled ‘Proposal for a Regulation laying down harmonised rules on artificial intelligence’ (the “draft EU AI Act”) becomes law, investment funds could have an additional risk which would need consideration, namely, the AI risk. As outlined in previous briefings in this insight-series, the definition of AI as provided in Article 3 of the draft EU AI Act will be an umbrella term which includes machine-learning and algorithms which are already being used in the asset management industry according to a report1 by the European Securities and Markets Authority. The draft EU…
Mario Mizzi
23rd February 2023
Mamo TCV Advocates will once again be participating at the KSU Careers Expo which will be held at the University of Malta on the 28th February, 2023.
Mamo TCV to participate at KSU Careers Expo 2023 News

Mamo TCV to participate at KSU Careers Expo 2023

Mamo TCV Advocates will once again be participating at the KSU Careers Expo which will be held at the University of Malta on the 28th February, 2023. Lawyers from Mamo TCV will be available to meet with students at the Firm’s stand on campus where they will be able to answer questions in relation to the Firm’s 2023 student internship program, as well as questions about their prospective careers and life at the Firm in general.
Mamo TCV Advocates
22nd February 2023