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The Cross-Border Distribution of Funds Framework Investment Services & Funds

The Cross-Border Distribution of Funds Framework

The Cross-Border Distribution of Funds (the "CBDF") Framework is composed of the CBDF Regulation and Directive, and is supplemented by the Commission Delegated Regulation 2021/955 and by the ESMA Guidelines on Marketing Communications under the Regulation on Cross-Border Distribution of Funds. The ESMA Guidelines on Marketing Communications and the Commission Delegated Regulation 2021/955 came into effect recently on the 2nd of February 2022. The CBDF Regulation establishes marketing requirements for collective investment undertakings and for marketing communications that are addressed to investors. This Regulation establishes principles relating to fees and charges that are levied on managers of collective investment undertakings…
Anthea Sammut​
8th February 2022
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Mamo TCV Delivers seminar on Debt Collection at Society Education Event Litigation & Dispute Resolution

Mamo TCV Delivers seminar on Debt Collection at Society Education Event

On the invitation of Society Education, on 13th January, 2022 Mamo TCV Advocates delivered a virtual seminar on debt collection. The presentation sought to provide participants with an understanding of the legal framework in Malta and the tools generally used by lawyers when assisting as well as defending a debt collection claim. Attendees were given an overview of the courts and tribunals having the legal competence to decide debt collection claims in Malta and the inherent legal differences which separate them. An in depth overview of the ways in which a creditor may safeguard a claim prior to acquiring an…
Kirk Brincau
1st February 2022
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Landmark Decision on Jactitation Suits Litigation & Dispute Resolution

Landmark Decision on Jactitation Suits

Jactitation suits are a long established remedy found under Maltese procedural law intended to limit one's ability to indefinitely vaunt claims without basis. This type of suit allows any person, whether natural or legal, that has had any form of right vaunted against him in written form to request the court to order the third party claimant to either bring the claim in trial within a period not exceeding three months or be forever precluded from proceeding with such a claim in the future. The remedy is a relatively simple one and while rarely used, due to its practical implications…
Kirk Brincau
27th January 2022
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The Investment Firms Regulation and Directive – Master Data Collection and Investment Firms Classification Investment Services & Funds

The Investment Firms Regulation and Directive – Master Data Collection and Investment Firms Classification

The Investment Firms Regulation and Directive (the "IFR/D Package"), became applicable on the 26th of June 2021. The IFR/D Package introduced a new prudential framework that is applicable to Investment Firms. For further details on the coming into force of the IFR/D Package, kindly refer to our article of the 4th of November 2021. On the 17th of January 2022, the Malta Financial Services Authority (the "MFSA") issued a Circular titled "The Investment Firms Regulation and Directive – Data Collection", which follows up on other circulars and briefings that were issued by the MFSA following the coming into force of…
Anthea Sammut​
25th January 2022
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MFSA Update: PMDR Notifications to be Filed Online Capital MarketsLegal Updates

MFSA Update: PMDR Notifications to be Filed Online

Persons discharging managerial responsibilities ('PMDRs'), or persons closely associated with them, are now required to submit PMDR notifications through the Malta Financial Services Authority's ('MFSA') online form. In terms of the Market Abuse Regulation (Regulation (EU) No 596/2014, hereinafter the 'Regulation'), PMDRs and persons closely associated with them are required to notify the issuer and the MFSA of every transaction conducted on their own account relating to the shares or debt instruments of that issuer once the total value of transactions executed in a calendar year exceeds €5,000. It is important to note that such notifications must be made by…
MamoTCV Advocates
13th January 2022
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Mamo TCV Delivers seminar on Company Secretary at Society Education Event Corporate and M&ALegal Updates

Mamo TCV Delivers seminar on Company Secretary at Society Education Event

On 30th November 2021, Dr Joshua Chircop delivered a seminar regarding the Duties of the Company Secretary on behalf of Mamo TCV Advocates on the invitation of Society Education. The presentation was split into three parts, with the first examining the appointment and removal of the company secretary. The second part focused on the statutory functions and responsibilities of the company secretary together with the holding of general meetings and board meetings. The third part of the seminar focused on the responsibilities of the company secretary under VAT legislation together with salient considerations under the Prevention of Money Laundering Act and…
MamoTCV Advocates
7th December 2021