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Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
No Retrial Possible from a Liquidation Order Litigation & Dispute Resolution

No Retrial Possible from a Liquidation Order

In a landmark decision delivered on the 11th January 2023, in the names ‘Av. Jonathan Abela Fiorentino noe vs Eolia Limited’ (case no. 68/2022 ISB), the Civil Court (Commercial Section) rejected the application filed by defendant company demanding the Court to order a retrial of the liquidation proceedings that led to the company being placed into liquidation. This decision constitutes the first occasion on which the Court pronounced itself on this specific legal matter, since the issue was previously untested. By means of a liquidation order issued by the same court on 11th March 2022, the Court placed the defendant…
Jonathan Abela Fiorentino
24th January 2023
MFSA issues a Consultation Document on the Proposed Notified PIF Framework
MFSA issues a Consultation Document on the Proposed Notified PIF Framework Investment Services & Funds

MFSA issues a Consultation Document on the Proposed Notified PIF Framework

On 22 December 2022, the Malta Financial Services Authority (‘MFSA’ or ‘the Authority’) issued a stakeholder consultation on the proposed establishment of a new framework for Notified Professional Investor Funds (‘NPIFs’). The NPIF framework proposal seeks to introduce a new fund structure, complementing the existing fund frameworks in Malta. The framework will bring about lower barriers to entry for professional investor funds through a risk-based and proportionate approach. On 28 October 2021, the MFSA issued a Discussion Paper on its Asset Management Strategy. The introduction of a NPIF regime was one of the proposals set out in Pillar III –…
Martha Chetcuti
20th January 2023
MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations
MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations Insurance & ReinsuranceLegal Updates

MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations

The MFSA issued a Circular on the 22nd of December 2022 in which it proposed amendments to the Companies Act (Cell Companies carrying on business of Insurance) Regulations, Subsidiary Legislation 386.10 (“the PCC Regulations”). The PCC Regulations provide for the creation and regulation of cell companies. Currently, regulation 15 of the PCC Regulations provides that where a cell exclusively carries on business of affiliated re/insurance, the cell company may, by written agreement, provide that only the cellular assets of that cell may be utilized to satisfy the cellular liability of that cell. Hence, regulation 15 allows for the limitation of…
Mamo TCV Advocates
19th January 2023
Mamo TCV at Malta Aviation Conference & Expo (MACE)
Dr Nicholas Valenzia to speak at the National Aviation Conference AviationNews

Dr Nicholas Valenzia to speak at the National Aviation Conference

Dr Nicholas Valenzia, head of the Aviation Practice Area at the firm, has been invited to speak at the National Aviation Conference being organised by the Ministry of Transport, Infrastructure and Capital Projects on the 18th January 2023 at the Phoenicia Hotel, Floriana. Please feel free to get in touch for more information.
Mamo TCV Advocates
18th January 2023
European Parliament, Strasbourg
Directive (EU) 2019/2121: Improving Mobility of Companies Across the European Union Corporate and M&A

Directive (EU) 2019/2121: Improving Mobility of Companies Across the European Union

Matters of cross-border company mobility are addressed at European Union level by means of Directive (EU) 2017/1132 (the “2017 Directive”) which provides for cross-border mergers and domestic divisions of public limited liability companies. The 2017 Directive, however, neither provides for cross-border divisions nor for re-domiciliation of companies within the European Union, with companies registered under the laws of Member States having to rely on their national law provisions should they wish to continue as being registered under the laws of another Member State. The lack of a legal framework for cross-border conversions and divisions leads to legal uncertainty and barriers…
Nicole Portelli
16th January 2023
Mamo TCV Industrial Tribunal on Dismissal During Notice Period
The Pre-Insolvency Act, Insolvency Practitioners Act and Commercial Code (Amendment) Act have entered into Maltese Law Corporate and M&ALegal Updates

The Pre-Insolvency Act, Insolvency Practitioners Act and Commercial Code (Amendment) Act have entered into Maltese Law

The Insolvency Practitioners Act, the Pre-Insolvency Act and the Commercial Code (Amendment) Act were passed by the House of Representatives on the 14th of December 2022 and were assented to by the President on the 23rd of December 2022. For more information, please see our articles on the Proposed Pre-Insolvency Bill, on the Proposed Insolvency Practitioners Bill and on the three proposed Insolvency Bills, collectively. Disclaimer: This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact info@mamotcv.com
Mamo TCV Advocates
29th December 2022