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MCCAA Launches Consultation on Proposed Amendments to Consumer Affairs Act Legal UpdatesNews

MCCAA Launches Consultation on Proposed Amendments to Consumer Affairs Act

On 22 April 2020, the Malta Competition and Consumer Affairs Authority (the "MCCAA") published a consultation regarding a Bill to amend the Consumer Affairs Act (Chapter 378 of the laws of Malta) and other Laws, and to make ancillary and consequential provisions thereto. The proposed Bill aims to implement Regulation (EU) 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004, which lists the minimum investigation and enforcement powers of the competent authorities of the Member States. The consultation is open for feedback until 12 May 2020, and anyone who…
MamoTCV Advocates
28th 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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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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Conflicting Judgments in Relation to the Notion of ‘the Insurer Concerned’ Litigation & Dispute Resolution

Conflicting Judgments in Relation to the Notion of ‘the Insurer Concerned’

Is an insurer entitled to avoid paying third party victims of an accident in cases where the said insurer obtains a declaration from a Court that the policy which was issued in favour of the policy-holder is null and void under Chapter 104 of the Laws of Malta, or is an insurer still obliged to paythird parties in such cases as the insurer concerned under Subsidiary Legislation 403.13? This question was tackled by the Court of Appeal in the case Middlesea Insurance plc today Mapfre Middlesea plc vs Emanuel Ciantar et which was decided on the 27th March 2020.The Court…
Christine Calleja
6th April 2020
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Recent Amendments to the Maltese Subsidiary Legislation Regulating the Processing of data in the Insurance Sector Legal UpdatesTelecoms, Media & Technology

Recent Amendments to the Maltese Subsidiary Legislation Regulating the Processing of data in the Insurance Sector

Legal Notice 107 of 2020 (the 'Legal Notice') has recently introduced important changes and clarifications to the Maltese 'Processing of Data Concerning Health for Insurance Purposes Regulations' (S.L. 586.10), which, in parallel with the EU General Data Protection Regulation (GDPR) and the Maltese Data Protection Act (Chapter 586 of the Laws of Malta), regulate the processing of health data in the insurance sector.S.L. 586.10 primarily sought to set out a lawful basis for entities involved in the "business of insurance" to process data concerning health. Particularly, Regulation 4 thereof had previously set out a number of requirements for the processing…
MamoTCV Advocates
31st March 2020