Insights

Real Estate & Construction

Regulations under the Private Residential Leases Act

On the 31st December 2019, a set of regulations were introduced for the purpose of registering private residential leases with the Housing Authority and in order to regulate the procedures to be followed before the Adjudicating Panel for Private Residential Leases in the event of disputes relating to said private residential leases.Private residential leases can now be registered here:https://rentregistration.mt/. A. Registration of Private Residential Leases Contracts Regulations, 2019 • Overview and scopeThe Registration of Private Residential Leases Contracts Regulations, 2019 (Subsidiary Legislation 604.02) have been enacted by virtue of L.N. 355 of 2019, hereinafter referred to as "the Regulations". The…

Veronica Grixti20th January 2020

News

Mamo TCV Appoints Two New Partners

Mamo TCV Advocates have announced the appointment of Claude Micallef-Grimaud and Simon Pullicino as partners with the firm with effect from 1st January 2020. Dr Micallef-Grimaud joined the firm in 2008 as an associate and currently forms part of the firm's Technology, Media & Telecommunications (TMT) and Intellectual Property (IP) departments. Dr Micallef-Grimaud's main practice area is privacy law with a focus on data protection, where he is widely considered as one of the leading practitioners in the field. He also represents local and international clients in general civil and commercial matters and is a visiting lecturer and examiner at…

MamoTCV Advocates16th January 2020

Corporate and M&A

Consumer Legislation: Revamp of Consumer Law Directives

This article was written by Dr Annalies Muscat and Dr Laura SpiteriOn the 7 January 2020, Directive 2019/2161 of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (the 'Directive') came into force. It amends various Directives related to consumer law in the light of the various technological developments that have taken place on the online marketplace. This article lists the salient amendments which will be brought about by the Directive.Unfair Terms Directive1The Directive amends the Unfair Terms Directive, which now requires Member States to lay down rules on penalties…

Annalies Muscat9th January 2020

Corporate and M&A

The Right to a Fair Hearing in Consumer Law Proceedings

This article is written by Dr. Annalies Muscat On the 31 October 2019, the First Hall in its Constitutional Jurisdiction handed down judgement in Digisec Media Limited v Director General (Consumer Affairs) and Advocate General. It affirmed that public enforcement proceedings in relation to consumer law are criminal in nature and therefore are protected by the constitutional guarantee to a fair hearing as applicable to criminal offences.On the 18th of May 2018, in line with the provisions of the Consumer Affairs Act ("the Act") and the Consumer Rights Regulations ("the Regulations"), the Director General (Consumer Affairs) issued an administrative decision…

Annalies Muscat18th December 2019

FinTech

Applying for a Virtual Financial Asset Licence in order to Operate a Crypto-Exchange

Malta is the first country in the world to create and implement a fully comprehensive legal and regulatory framework for cryptocurrency and blockchain technology. The stable system and forward approach that Malta offers creates the ideal setting to attract further investment. In fact, Malta has attracted some of the world's largest cryptocurrency exchanges who have relocated or set up offices on the island. The Maltese legal framework consists of three main pieces of legislation, namely:i. The Virtual Financial Assets Act (the "Act");ii. The Malta Digital Innovation Authority Act; &iii. The Innovative Technology Arrangements and Services Act.The most important and relevant…

MamoTCV11th December 2019

Insurance & Reinsurance

Insurance Brokers as Protected Cell Companies

The continuous growth in popularity of the Protected Cell Company (PCC) structure in Malta is an ongoing trend. This is evidenced by the increase year on year since the legislation came into force in 2004 in the number of insurance undertakings being established as PCCs, reaching 16 as at the end of September 2019 with 55 approved protected cells.This success story is also noticeably emerging in the insurance intermediary sector.Taking advantage of the fact that the Maltese PCC legislation also extends to insurance managers and insurance brokers, Malta is experiencing growth in the establishment or conversion of such intermediaries into…

Romina Bonnici30th November 2019