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Amendments to Beneficial Ownership Regulations relating to Trusts, Foundations and Associations Trusts, Foundations and Wealth Management

Amendments to Beneficial Ownership Regulations relating to Trusts, Foundations and Associations

Amendments have been made to the beneficial ownership regulations relating to trusts, foundations and associations together with other amendments to the principal AML/CFT regulations. The purpose of the majority of these amendments is to transpose Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 and other amending Directives that might be applicable.Amendments to TrustsIn exercise of the…
Joshua Chircop
24th February 2020
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Malta Foundations Legal UpdatesNewsTrusts, Foundations and Wealth Management

Malta Foundations

INTRODUCTIONMaltese law allows for the establishment of various types of foundations, whether for a social or private purpose or for the benefit of named beneficiaries or a class thereof. DEFINITION OF FOUNDATIONA foundation is an organisation consisting of a universality of things constituted in writing, including by means of a will, by a founder or founders whereby assets are destined either:(a) for the fulfillment of a specified purpose; and/or(b) for the benefit of a named person or class of persons,and which are entrusted to the administration of a designated person or persons.TYPES OF FOUNDATIONS1. Purpose foundations(a) Public benefit foundationsA public…
MamoTCV Advocates
21st February 2020
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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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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
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Private Residential Leases Act 2019 Real Estate & Construction

Private Residential Leases Act 2019

Overview and scopeThe Private Residential Leases Act has been enacted by virtue of Act No. XXVIII of 2019, hereinafter referred to as "the Act". The object of this Act is to promote the development of the private rented sector by ensuring standards of fairness, clarity and predictability in contractual relations between lessors and lessees, and to safeguard and protect the right to adequate accommodation.ApplicationThe Act shall apply to private residential leases that are entered into or renewed after the entry into force of the Act. This rests on the proviso that leases which were granted after 1st June 1995 and…
Veronica Grixti
20th November 2019
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The Single-Use Plastics Products Strategy for Malta 2020-2030 Planning & Environment

The Single-Use Plastics Products Strategy for Malta 2020-2030

This article was written by​ Dr Annalies Muscat and Dr Laura Spiteri.​The Maltese Government issued the Single-Use Plastic Products Strategy for Malta 2020-2030 (the 'Strategy') in May 2019, just before the Directive 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment (the 'Directive') was brought into force. The Strategy's stated aim is to aid Malta's move towards a more circular economy in the light of the work carried out by the European Commission towards this end. It highlights measures to be taken to eliminate…
Annalies Muscat
28th October 2019