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The Malta Business Registry has introduced some key changes to its online company register portal following a judgement of the Court of Justice of the European Union.
Malta Business Registry Updates Public Access to Beneficial Ownership Information Corporate and M&A

Malta Business Registry Updates Public Access to Beneficial Ownership Information

The Malta Business Registry has published a notice informing the public of a key change to its online website company register portal. Access by the general public to the beneficial ownership details of companies registered with the Malta Business Registry has been removed following a judgement of the Court of Justice of the European Union. The decision, taken on the 22nd November 2022, considered provisions of the Anti-Money-Laundering Directive (Directive (EU) 2015/849 of the European Parliament) wherein the Register of Beneficial Ownership had been established and that information on the beneficial owners of registered entities are to be entered and…
Zachary Galea
1st December 2022
A brief overview of the Insolvency Practitioners Bill
The Proposed Insolvency Practitioners Bill Corporate and M&A

The Proposed Insolvency Practitioners Bill

The Insolvency Practitioners Bill (‘the Bill’) is at its second reading in Parliament. The Bill is intended to partially transpose EU Directive 2019/1023 (‘the Directive’) on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt. The Bill regulates the profession of the Insolvency Practitioner (‘the IP’), whose role is envisaged by the Directive to be one which is not subject to mandatory appointment in all cases, but which is left at the discretion of each Member State. The Pre-Insolvency Bill provides that a preventive…
Mikiel Calleja and Tessa Borg Bartolo
30th November 2022
Documents still need to be submitted to the MFSA, but digital signatures can replace wet-ink signatures.
MFSA Issues Circular on Qualified Electronic Signatures Investment Services & FundsLegal Updates

MFSA Issues Circular on Qualified Electronic Signatures

In a circular dated the 15th of November 2022, the Malta Financial Services Authority (“MFSA”) confirmed that electronic signatures which are done with a ‘qualified electronic signature’ shall be accepted by the MFSA. The MFSA made reference to Article 25(2) of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23rd July 2014 on electronic identification and trust services for electronic transactions in the internal market (“eIDAS”)  which stipulates that digital signatures are only valid in the European Union if they are done with a provider which has been recognised by at least one EU Member…
Mamo TCV Advocates
30th November 2022
U.S. President Joe Biden has recently signed an Executive Order implementing the commitments made by the U.S. in the agreement reached with the EU concerning a new EU-U.S. data privacy framework.
The New EU-US Personal Data Transfer Framework Data Protection and Privacy

The New EU-US Personal Data Transfer Framework

The agreement on a new EU-U.S. data privacy framework between EU Commission President Ursula Von Der Leyen and U.S. President Joe Biden had already been announced on 25 March 2022 (for background, please refer to our previous article The EU-US Privacy Shield: Third Time’s a Charm? - Mamo TCV). However, the stability and longevity of the agreement was questioned by Austrian privacy activist Max Schrems who sent an open letter to stakeholders as a warning that the new framework risks being declared invalid, and consequently being struck down by the CJEU, should no reforms to U.S. law take place to…
Nicole Bonett and Warren Ciantar
28th November 2022
The MFSA issued a Circular to inform licence holders of the minor amendment made to the Annual Fund Return.
Amendment to the Annual Fund Return Investment Services & Funds

Amendment to the Annual Fund Return

On the 12th of April 2021, the Malta Financial Services Authority (‘MFSA’) introduced the requirement for all collective investment schemes that are locally licensed or notified to submit a novel return, being the Annual Fund Return. Various amendments to the Annual Fund Return have been made as can be seen in the Circular issued by the MFSA on the 21st of December 2021, along with the updated Guidelines. On the 18th of November 2022, the MFSA issued a Circular to inform licence holders of another minor amendment made to the Annul Fund Return. The MFSA informed the public that the…
Anthea Sammut​
25th November 2022
startupsinmalta.com
The Malta Start-Up Residence Programme Immigration

The Malta Start-Up Residence Programme

In conjunction with Malta Enterprise, Residency Malta Agency has launched a new residence programme for beneficiaries under the Malta Start-Up Residence Programme. Similar to the Nomad Residence Permit , the Malta Start-Up Residence Programme seeks to attract business-driven individuals to set up their new business venture in Malta. To be eligible to submit an application under this programme, applicants must fulfil the below Eligibility Criteria: - Have attained 18 years of age - Have a concrete intention to develop and/or expand their business in Malta - Be the founder or co-founder of an enterprise which has been registered for no…
Julian Fenech Adami
22nd November 2022