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Insurance and Reinsurance

Insurance and Reinsurance

Practice Area Overview

Malta’s insurance and reinsurance sector continues to grow and attract major foreign players to its shores. Underpinned by a robust regulatory framework, a forward-looking, modern and approachable regulator, and an attractive business and working environment, the local (re)insurance sector continues to grow at a fast rate and today includes captives, direct underwriters, reinsurers, brokers, and insurance managers. These players have assumed a number of corporate forms ranging from stand-alone limited liability companies, to protected or incorporated cell companies or cells thereof, and European companies (SE). The recent introduction of specific legislation has also led to the creation of reinsurance special purpose vehicles (RSPVs).

In addition, since Malta is a full member of the European Union, (re)insurance companies based in Malta can benefit from the EU passporting regime which gives them the ability to carry on their business into other EU member states from Malta. This is of particular advantage to multinational group of companies looking to establish a presence in Malta with a view to penetrating the EU market to underwrite the group’s risks or third party risks.

Indeed, Malta has become a mature and competitive international (re)insurance market with a total gross written premium income always on the increase.

Mamo TCV continues to be one of the front-runners in this sector. We regularly assist clients in setting-up reinsurance and insurance corporate structures in Malta. We also provide various legal services with respect to the day-to-day operations of the local structure. We are also very active on the domestic market and provide regular advice on corporate and compliance issues.

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Scope of Services
  • Assist you to identify the right corporate structure to be set up in Malta
  • Liaise on your behalf with the local competent authorities with respect to the licensing/authorisation requirements
  • Provide the necessary legal/logistic support during the application for license/authorisation
  • Drafting of the memorandum and articles of association of the local company
  • Drafting of agreements related to the operations of the company such as outsourcing, back office, employment, lease of office space and so forth
  • Review of policy documentation
  • Provide support in relation to the compliance obligations of the company;
    Assistance in cases of litigation or other disputes
  • Guidance in relation to corporate governance matters

Key Contacts

Joseph Borg Bartolo
Edmond Zammit Laferla

Stay updated with our latest insights

Mamo TCV Advocates: Insurance
Insurance & Reinsurance

Key Decision by the Financial Arbiter on Life Insurance Policies with Investment

In a decision given on the 8th of August 2024 with respect to the case ASF 013/2024, the Arbiter for Financial Services (hereinafter referred to as the ‘Arbiter’) rejected a complaint filed against a Life Insurance Provider regarding a life insurance policy with an investment element which the complainant had purchased from the Life Insurance Provider in the year 2000. The complainant claimed that the said policy had matured to a significantly lower amount than what he alleged was initially promised upon its purchase. More specifically, the complainant asserted that he bought the life insurance policy as he believed that…
EU Flags
Insurance & Reinsurance

MFSA Outlines Expectations for (Re)Insurance Outsourcing and Authority Delegation

On the 9th of July 2024, the MFSA published a Circular setting out its expectations with regards to the requirements listed in paragraph 6.8 of Chapter 6: System of Governance of the Insurance Rules in circumstances where authorised undertakings: outsource a key and/or critical/important function to a service provider; and/or enter into an arrangement with a Managing General Agent (“MGA”) and/or an intermediary (“INT”) and/or a Third-Party Administrator (“TPA”), giving them delegated underwriting and/or claims and/or distribution authority. The MFSA made reference to the following authorised undertakings in this regard: authorised insurance undertakings, authorised reinsurance undertakings, captive insurance undertakings and…
Insurance & Reinsurance

Regulatory Compliance Quarterly Update | Q2 2024

We are pleased to issue our ninth edition of the Regulatory Compliance Quarterly Updates. These updates are intended to keep Maltese regulated entities informed of regulatory changes and developments taking place in the local financial services space. In this issue, we focus on the sector specific and cross-sectoral regulatory updates relating to investment services, CSPs, fintech, insurance undertakings and insurance intermediaries. Our ninth Regulatory Compliance Quarterly Update can be found here .The Regulatory Compliance Quarterly Update does not purport to give legal, regulatory,financial or tax advice. Should you require further information or assistance, please do not hesitate to contact Michael…
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