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Freedom of Movement Within the EU During Covid-19 COVID19 MeasuresImmigrationNews

Freedom of Movement Within the EU During Covid-19

It is evident that the current lockdown is having an unprecedented slowdown in the movement of persons between EU Member States. This is not due to a restriction which was imposed by the EU itself but because of the restrictions which the Member States themselves imposed through their respective Public Health officials. It is noticeable that the legal restrictions on immigration were driven by the Member States' individual rules rather than by a general guideline from the EU. Consequently, the European Commission issued a guideline on how to ensure that certain posted workers and others are not inhibited from exercising…
MamoTCV
25th April 2020
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Duties of Directors of Financially Distressed Companies Corporate and M&ANews

Duties of Directors of Financially Distressed Companies

Professor Andrew Muscat, who heads the Corporate Law Department at the Firm, has published a series of articles in the Times of Malta dealing with the duties and liabilities of directors of a company experiencing financial difficulties. This subject is particularly relevant these days when several companies are finding themselves in a difficult position as a result of the Covid-19 worldwide pandemic. The first article in the series introduced the subject of directors' duties and the notion of insolvency (https://timesofmalta.com/articles/view/duties-and-liabilities-of-directors-of-companies-in-financial.786188 )The second article explored the statutory duties of directors, including those duties which, if breached, may constitute a criminal offence…
Andrew Muscat
22nd April 2020
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Mamo TCV Again Confirmed as One of Malta’s Leading Law Firms in the Legal 500 2020 Edition. News

Mamo TCV Again Confirmed as One of Malta’s Leading Law Firms in the Legal 500 2020 Edition.

The Legal 500 EMEA published its 2020 edition and rankings on 15th April, 2020 and once again recognized Mamo TCV Advocates as one of the leading law firms in Malta. Apart from the top tier ranking for the firm in practically all its areas of practice, 3 of our partners were recognized as "Leading Lawyers" and another 14 partners and associates were singled out for their work. This is how the Legal 500 described our work and expertise:AVIATION - TIER 1Mamo TCV Advocates' aviation practice specialises in asset finance, tax and corporate set-ups, aircraft ownership and leasing, and claims handling.…
MamoTCV Advocates
16th April 2020
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State Aid Extension Update – Commission Adopts Amended State Aid Temporary Framework Antitrust, Competition and TradeCOVID19 Measures

State Aid Extension Update – Commission Adopts Amended State Aid Temporary Framework

This article was written by Dr Annalies Muscat and Dr Laura SpiteriOn 3 April, 2020, the European Commission adopted an extension to the State Aid Temporary Framework (the "Framework"), which is to form part of the Framework that was initially put into effect on 19 March, 2020. The amended Framework provides for additional types of aid measures intended to help businesses involved in the fight against the current pandemic and to preserve employment. The extended Framework allows for more flexibility with the cumulation of State aid. While the initial Framework did not allow for aid in the form of guarantees…
Annalies Muscat
9th April 2020
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ESMA Publishes Guidance on Performance Fees in UCITS and Certain AIFs Investment Services & FundsLegal Updates

ESMA Publishes Guidance on Performance Fees in UCITS and Certain AIFs

On the 3rd April, 2020, the European Securities and Markets Authority ("ESMA") published its final guidelines on performance fees in Undertakings for Collective Investments in Transferable Securities ("UCITS") and certain types of Alternative Investment Funds ("AIFs"). The guidelines provide comprehensive guidance to fund managers when designing performance fee models for the funds they manage, including the assessment of the consistency between the performance fee model and the fund's investment objective, policy and strategy, particularly when the fund is managed in reference to a benchmark.Their purpose is to harmonise the way fund managers charge performance fees to retail investors, as well…
MamoTCV Advocates
9th April 2020
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COVID-19: Commission provides guidance on EU passenger rights AviationCOVID19 MeasuresShipping, Yachting and TransportTourism, Leisure & Hospitality

COVID-19: Commission provides guidance on EU passenger rights

Following the introduction of various measures across Member States due to the COVID-19 pandemic, including travel restrictions and border controls, passengers and transport operators are having to face cancellations and delays in transport. The European Commission has published the Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19 (hereinafter referred to as the "Guidelines") to ensure that EU passenger rights are applied consistently across the EU Member States. The Guidelines cover the rights of passengers when travelling by air, rail, ship or bus/coach, maritime and inland waterways, as well as the corresponding obligations…
Joshua Chircop
9th April 2020