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Employers, Beware of Being Too Lenient, Tribunal Warns! Employment and Industrial Relations

Employers, Beware of Being Too Lenient, Tribunal Warns!

Most employers are aware of the importance of given warnings (and therefore a second or third chance) to employees prior to dismissal. However, this may sometimes backfire if it goes on for too long.In an Industrial Tribunal case decided on the 19 February, 2020 (case number 3289/CC), the Tribunal considered that the employee in question had been warned several times about his behavior and mistakes, however, according to the Tribunal, the management had not shown a strong position that repetition of similar behavior could lead to termination of employment. The nearly indulgent behavior of the company over a period of…
Christine Calleja
20th February 2020
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ICLG The International Comparative Legal Guide to: Public Procurement 2020 Public Procurement and State Aid

ICLG The International Comparative Legal Guide to: Public Procurement 2020

As in previous years, Mamo TCV has been featured in the Global Legal Group's International Comparative Legal Guide to Public Procurement.The guide is primarily aimed at corporate counsel and international practitioners in the field of public procurement and it provides a comprehensive worldwide legal analysis of public procurement laws and regulations.The Guide is a collective effort between leading public procurement lawyers and industry specialists andit is now in its ninth edition, This is not the first time that Mamo TCV has been chosen to contribute the chapter relating to Malta, confirming the firm's expertise in this important area of the…
Joseph Camilleri
18th February 2020
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Brexit and Competition Law – The Way Forward Antitrust, Competition and Trade

Brexit and Competition Law – The Way Forward

On the 31 January 2020 ("Exit Day"), the UK officially withdrew from the European Union ("EU") which led to a plethora of questions about how certain areas of law, including competition law, will operate post Exit Day. This is particularly due to the presence of numerous cross-border transactions among the EU Member States. Despite the UK's withdrawal and it now being considered a third State, a transition period will apply until 31 December 2020 ("Transition Period") during which the functions of the Competition and Markets Authority ("CMA") – the UK's equivalent to Malta's Office for Competition – will not be…
Laura Spiteri
14th February 2020
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MFSA issues Circular on Market Infrastructure Matters in relation to Brexit Legal Updates

MFSA issues Circular on Market Infrastructure Matters in relation to Brexit

Following the United Kingdom's ("UK") withdrawal from the European Union ("EU"), the Malta Financial Services Authority ('MFSA') has issued a circular which provides an update on governance and reporting obligations.This update is relevant and applicable to all market participants, specifically those entities which fall within the ambit of the following securities markets' regulations:1.The Markets in Financial Instruments Directive ("MiFID II") and The Markets in Financial Instruments Regulation ("MiFIR II"); 2.The European Markets Infrastructure Regulation ("EMIR"); 3.The Central Securities Depositary Regulation ("CSDR"); 4.The Alternative Investment Fund Managers Directive ("AIFMD"); & 5.The Money Market Funds Regulation ("MMFR"). The UK's withdrawal agreement states…
MamoTCV Advocates
7th February 2020
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The FIAU issues sector specific Implementing Procedures applicable to the VFA sector. Legal Updates

The FIAU issues sector specific Implementing Procedures applicable to the VFA sector.

The Financial Intelligence Analysis Unit has issued sector specific Implementing Procedures which apply to Virtual Financial Assets ("VFA") Agents, VFA Service Providers, anyone conducting VFA offerings to the public and anyone who has notified the Malta Financial Services Authority of their intention to submit a licence application in terms of the VFA Act. The Implementing Procedures set out the manner in which these subject persons within the VFA sector must comply with AML/CFT obligations arising from the Prevention of Money Laundering and Funding of Terrorism Regulations ("PMLFTR").These sector specific Implementing Procedures are the result of the extended application, by means…
MamoTCV Advocates
7th February 2020
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Registrar of Legal Persons moving to MBR Legal Updates

Registrar of Legal Persons moving to MBR

The Identity Malta Agency and the Malta Business Registry have announced that as from the 3rd February, 2020:-(1) All new applications pertaining to registration of foundations and association as legal persons in terms of the Second Schedule of the Civil Code; and(2) The submission of information pertaining to the Register of Beneficial Owners in terms of the Civil Code (Second Schedule) (Register of Beneficial Owners - Associations) Regulations and Civil Code (Second Schedule) (Register of Beneficial Owners - Foundations) Regulations; Shall be delivered to the Malta Business Registry, AM Business Centre Triq il-Labour Zejtun, ZTN 2401, Malta.Mamo TCV AdvocatesMamo TCV…
MamoTCV Advocates
23rd January 2020