MFSA publishes New Chapter 3 of the VFA Rulebook ahead of MiCA
The Malta Financial Services Authority (MFSA) has just published a circular outlining that the new version of Chapter 3 of the VFA Rulebook shall become applicable in two stages.
Agreement reached on the establishment of the Anti-Money Laundering Authority (“AMLA”)
On 13th December 2023, the European Council and European Parliament have provisionally reached an agreement to establish the Anti-Money Laundering Authority (“AMLA” or “the Authority”).
Navigating Digital Waters: ICT Risk Management Under DORA
Introduction In an era dominated by digital advancements, the Digital Operational Resilience Act (DORA) stands as a pivotal framework designed to fortify the digital landscape within the European Union (EU).
MFSA launches Consultation Process covering Chapter 2 of the VFA Rulebook
The Malta Financial Services Authority (“MFSA”) has kept the momentum going ahead of the implementation of the Markets in Crypto-Asses Regulation (“MiCA”). We expect MiCA to have a significant impact on the EU/ EEA market in relation to crypto-assets.
The Consumer Credit Directive Revamped
Introduction Personal loans and overdrafts, credit cards and short-term credit products are amongst the commonest consumer lending products offered by banks and financial institutions to satisfy a variety of consumer needs.
European Council and European Parliament agrees to criminalise violation of EU sanctions
On 12th December 2023, the European Council and European Parliament have come to a provisional political agreement on the introduction of criminal offences and penalties for the violation of EU sanctions.
Possession versus Tolerance: The salient element of the Actio Spolii
In its judgement delivered on the 14 December 2023, in the names of Oreste Attard and Patricia Attard (collectively the “Plaintiffs”) vs Russell Attard and Alistair Attard (collectively the “Defendants”),
FIAU Thematic Review on Company Service Providers when providing Company Formation Services
On 14th December 2023, the Financial Intelligence Analysis Unit (“FIAU”) published the results of a thematic review carried out during the first quarter of 2023 on Corporate Service Providers (“CSPs”) adherence to Regulation 7(1)(c) of the Prevention of Money Laundering and Funding of Terrorism Regulations (‘PMLFTR’) following the issuing of the IPs Part II for …
CJEU ruling on the notion of ‘processing’ in the context of mobile apps
The convergence of public health imperatives and individual data protection rights has come under scrutiny in a recent landmark case delivered on the 5 October 2023 by the European Court of Justice (ECJ),
The standard of proof required in ‘Unfair Prejudice’ actions
On 18 March 2021, in the case of ‘Naico Limited v Rosa Limited et.’, the Civil Court (Commercial Section), presided over by Judge Joseph Zammit McKeon, delved into the standard of proof required for ‘unfair prejudice remedy’ actions under Article 402 of the Companies Act (Chapter 386 of the Laws of Malta) (“the Act”) to …
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