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Precautionary Measures Adopted by ESMA and Other EU Securities Regulators in the Case of a No-Deal Brexit Scenario Investment Services & Funds

Precautionary Measures Adopted by ESMA and Other EU Securities Regulators in the Case of a No-Deal Brexit Scenario

On the 29th of March 2019 the UK will leave the European Union ('EU') in what is an unprecedented event in modern European history.  As a result of this decision, Europe's biggest capital market will move outside of the EU, raising a number of regulatory challenges across a number of areas, specifically in the sphere of data reporting and clearing and settlement. Therefore, with the prospect of a no-deal Brexit scenario looming, the European Securities and Markets Authority ('ESMA') and other EU securities regulators have adopted a number of precautionary measures which will serve to overcome the arising challenges and…
MamoTCV
8th March 2019
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Establishment of Land Registration Agency Real Estate & Construction

Establishment of Land Registration Agency

This article was written by Dr Veronica Grixti and Dr Joshua Chircop.A Land Registration Agency (the 'Agency') has been established by virtue of the Land Registration Agency (Establishment) Order, 2019 (the 'Order') under Legal Notice 4 of 2019. The Order has been promulgated in exercise of the powers conferred on the Prime Minister by Article 36 of the Public Administration Act, Chapter 497 of the Laws of Malta (the 'Act').FunctionsThe Order states that the Agency shall have the following responsibilities:1. to carry out the functions and duties of public administration in relation to Land Registration, by virtue of the Land…
Veronica Grixti
7th March 2019
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New Regulations on the Importation of Plant Material from Foreign Countries Corporate and M&A

New Regulations on the Importation of Plant Material from Foreign Countries

If one wishes to import foreign plants into Malta or Gozo, it would be worth noting the new Propagation Material of Ornamental Plants Regulations (the "Regulations").  These Regulations came into force on the 5th October 2018 and ensure that any propagation material of ornamental plants produced or placed on the Maltese market meet predetermined standards of quality. Commission Directives 1993/49/EEC,  1998/56/EC,  1999/67/EC,  1999/68/EC  and Commission Implementing Directive (EU) 2018/484 have been transposed by virtue of the Regulations. These instruments were enacted at EU level to harmonize the health and quality standards of plants circulating within the free market. All biological…
Mark Soler
6th March 2019
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Regulations to Relieve Stamp Duty on Transfers of Business Property Corporate and M&A

Regulations to Relieve Stamp Duty on Transfers of Business Property

The Duty on Donations of Marketable Securities and Immovable Property Used for Business (Exemption) Order (the "Order"),  recently amended by Legal Notice 412 of 2018,  introduces a reduced rate of duty for gratuitous transfers of business property. The aim is to partially relieve the burden placed on individuals who intend to transfer immovable property forming part of a family business.The Order applies, inter alia, to individuals transferring, by gratuitous title, immovable property being a commercial tenement as defined in article 1525 of the Civil Code, that had been used in a family business as defined in the Family Business Act…
Mark Soler
1st March 2019
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Human Rights Update – A1-P1 Cases Decided by the ECtHR in February 2019 Legal Updates

Human Rights Update – A1-P1 Cases Decided by the ECtHR in February 2019

The European Court of Human Rights (the "ECtHR") has decided the following Article 1 of Protocol No. 1 ("A1-P1") cases during the month of February 2019:Ionescu v. Romania (Application no. 19788/03 et al.) – the ECtHR declared a breach of A1-P1 in a case where the owners of an expropriated property could not retrieve possession of that property due to the resale of said property by the Romanian state to third parties.Alikhanyan v. Armenia (Application no. 6818/10) – the ECtHR declared a breach of A1-P1 in a case where the Armenian state earmarked and expropriated agricultural land for the mining…
MamoTCV Advocates
1st March 2019
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Mamo TCV Advocates Contributes to the 2019 Edition of DLA Piper’s ‘Data Protection Laws of The World Handbook’ Telecoms, Media & Technology

Mamo TCV Advocates Contributes to the 2019 Edition of DLA Piper’s ‘Data Protection Laws of The World Handbook’

Ever since the 'Data Protection Laws of The World Handbook' was launched by DLA Piper in 2012, Mamo TCV Advocates has been closely involved therewith by providing, and subsequently updating on an annual basis, the chapter relating to Maltese data protection legislation. The 'Malta' section (now including GDPR implementation measures) was written by Dr Claude Micallef-Grimaud and is currently updated as at 10 January 2019. It can be accessed here.The handbook provides an overview of the key privacy and data protection laws and regulations (including GDPR implementation) across nearly 100 different jurisdictions and offers a primer to businesses as they…
Claude Micallef Grimaud
28th February 2019