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Consumer Legislation: Revamp of Consumer Law Directives 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 Muscat
9th January 2020
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The Right to a Fair Hearing in Consumer Law Proceedings 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 Muscat
18th December 2019
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Applying for a Virtual Financial Asset Licence in order to Operate a Crypto-Exchange 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…
MamoTCV
11th December 2019
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Insurance Brokers as Protected Cell Companies 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 Bonnici
30th November 2019
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Mamo TCV Advocates contributes to Chambers Insolvency 2019 Second Edition Guide Legal UpdatesNews

Mamo TCV Advocates contributes to Chambers Insolvency 2019 Second Edition Guide

Mamo TCV lawyers Michael Psaila and Simon Pullicino have contributed the #Malta chapter in the Chambers Insolvency 2019 Second Edition Guide.This country-specific Q&A provides an overview of the legal framework regarding corporate insolvency law in Malta.Below, please find the link to the Malta chapter: https://practiceguides.chambers.com/practice-guides/insolvency-2019-second-edition/malta  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
MamoTCV Advocates
29th November 2019
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EIOPA publishes responses to the ‘Recommendations for the insurance sector in light of the United Kingdom withdrawing from the European Union’. Insurance & Reinsurance

EIOPA publishes responses to the ‘Recommendations for the insurance sector in light of the United Kingdom withdrawing from the European Union’.

On the 31st October 2019, the European Insurance and Occupational Pensions Authority (EIOPA) issued the responses provided by the competent authorities of each individual member state in relation to the 'Recommendations for the insurance sector in light of the United Kingdom withdrawing from the European Union' which EIOPA had published on the 19th February 2019 ("the EIOPA Recommendations"). In its response to EIOPA Recommendations, the Maltese financial services regulator, the Malta Financial Services Authority (MFSA), has indicated that it complies or will comply with the recommendations included in the EIOPA Recommendations.In particular, in its response, MFSA indicated that a communication…
Romina Bonnici
27th November 2019