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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Empowering Sustainable Energy: The role of energy communities in the European Union
Energy communities in the European Union (EU) are a concept designed to promote decentralized, community-based energy production and consumption.
: Geo-blocking activation keys for Steam platform diminishes the EU Digital Single Market
On 27 September 2023, the General Court of the European Union affirmed the European Commission’s finding that the geo-blocking keys used on the Steam platforms breached Article 101 of the Treaty of Functioning of the European Union (“TFEU”).
The war on Asymmetric Jurisdiction Clauses
Asymmetric jurisdiction clauses – or so-called ‘lop-sided’ jurisdiction clauses – have become market practice in many industries. Most loan facilities give lenders the power to sue not only in the court specified, but also any other competent court of its choosing, while the borrowers are limited to only one.
Succession planning, ESG and appointment of independent directors in family run businesses
Malta’s business landscape is currently undergoing a significant transformation concerning issues of succession planning, ESG challenges and the involvement of independent directors in family-run enterprises.
Pedelecs do not qualify as ‘vehicles’ – the ECJ clarifies
On 12 October 2023, the European Court of Justice (the “ECJ”) responded to a request for preliminary ruling from the Belgian Court of Cassation (the “Referring Court”).
The FIAU issues a Consultation Document on the Implementing Procedures – Part II for Collective Investment Schemes and Related Service Providers
The FIAU has today published a Consultation Document on the Implementing Procedures – Part II for Collective Investment Schemes (‘CISs’) and other related service providers (“Service Providers”).
Malta M&A Watch: Update on Foreign Direct Investment in the EU
On 19 October 2023, the European Commission (the ‘‘Commission’’) published its third annual report (the ‘‘Report’’) on Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (the ‘‘FDI Regulation’’).