ESG – Environmental, Social, and Governance

Practice Area Overview

The Environmental, Social, and Governance (ESG) practice of Mamo TCV Advocates offers comprehensive advisory services across various legal and commercial sectors to support clients in developing and implementing ESG strategies whilst abiding by the relevant EU legislation.

The practice leverages the firm’s multidisciplinary expertise, drawing from its transactional, consumer, corporate and regulatory teams to assist a diverse client base. Our clients include public and private entities, company boards, regulated entities, investors, and financial institutions, as well as participants in the energy sector.

The firm’s engagement in ESG matters extends to a commitment to corporate responsibility and sustainability. Mamo TCV Advocates participates in community and industry efforts to advance ESG initiatives, evidencing its commitment through involvement in various organisations and projects.

Mamo TCV Advocates’ ESG team assists participants in the financial services industry to comply, inter alia, with the following EU regulations:

SFDR – (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability‐related disclosures in the financial services sector.
Benchmarks Regulation – Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds.
Taxonomy Regulation – Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088.

These EU regulations are supplemented by Regulatory Technical Standards which provide further guidelines from the European Commission on how financial participants can implement their ESG obligations.

Mamo TCV’s reputation as one of Malta’s leading practices in the fields of technology and finance is without question. With the firm taking an active part throughout the various consultation processes which were undertaken by the Maltese Government and the MFSA over the past years, an excellent relationship was forged with all the involved entities and authorities, built on a mutual understanding of the policies regulating this sector. Our FinTech team is comprised of seasoned experts stemming from a variety of legal backgrounds, including finance, technology and corporate law.

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Scope of Services

Assistance with the listing of sustainable instruments, such as green bonds, social bonds and sustainability bonds.
Regulatory advice on ESG disclosures which are mandatory for certain financial markets participants.
Compliance support and assistance relating to the SFDR and its underlying framework.
Tailored regulatory advice in relation to the licencing of business models proposing to create an ESG financial product.
Support in the preparation of the necessary MFSA processes relating to ESG.
Conducting ESG due diligence for mergers, acquisitions, and other corporate transactions to identify potential risks and opportunities related to sustainability and social responsibility.
Risk Management Advisory where we assist clients in identifying, assessing, and managing ESG-related risks, including climate change impacts, social issues, and governance challenges.
Impact Investing and Sustainable Finance Advisory whereby we provide legal and strategic advice on impact investing, including structuring investments that generate social or environmental impact alongside financial returns.
Provision of bespoke regulatory training relating to setting up the relevant ESG policies.
Providing ESG training to Management Bodies and other officers.