COA calls for legislative action to address a lacuna identified in Article 402 of the Companies Act
Basing its argument on the Latin maxim ‘ubi lex voluit dixit, ubi noluit tacuit’ (“Where the law willed, it spoke, where it did not want, it was silent”), the Court of Appeal in Miclis Company Limited v. Kevin Fitzpatrick et. (July 2023) upheld the claim that the law does not grant an appellant the right …
Mergers & Acquisitions (M&A) Expected To Bounce Back in 2024
High interest rates, a more stringent regulatory environment and increased foreign direct investment supervision especially by European states could be the main factors behind the current lull being experienced in the mergers and acquisitions market in Malta.
The capital markets are also exposed to money laundering
The capital markets are one of the most powerful instruments in promoting economic growth and wealth creation as they facilitate the movement of vast amounts of capital from different geographical regions with relative ease.
Sanctions – Impact on Shipping │ Malta Focus
Ganado Advocates co-organised a webinar, together with Ship Management International, entitled ‘Sanctions – Impact on Shipping│Malta Focus’. This webinar, that was held in May, shed light on the continuing international enforcement of sanctions and their far-reaching consequences.
Representative Actions Directive transposed into Maltese law
On 25 June 2023, the Maltese law transposing the Representative Actions Directive came into force.
Reforming Digital Payments – Introducing the new Payment Services proposals
Introduction On 28 June 2023, the European Commission published a number of draft proposals as part of its ambitious plan to open up financial data and reform digital payments. One of these draft proposals relates to a Payment Services package which is aimed at replacing the current PSD2.
Protection of natural persons with regard to the processing of personal data
In a request for a preliminary ruling requested by the Higher Regional Court, Germany to the European Court of Justice,
Pre-contractual remedies are on the rise according to the PCRB’s 2022 annual report
A report on the workings of the Public Contracts Review Board (PCRB) in 2022 has been published recently.
Not every mere infringement of the GDPR may result in compensation
2023 marks 5 years since the adoption of the General Data Protection Regulation (‘‘GDPR’’), and whilst the relevant stakeholders have become largely accustomed to it, questions about its interpretation and enforcement still crop up requiring preliminary rulings from the CJEU.
New Guidance: Practical Guidance for Economic Operators: Detecting and Preventing Sanctions Evasion and Circumvention in Trade
Background Economic operators play a vital role in ensuring that the sanctions regime is effective. Non-compliance with the sanctions regime by economic operators will dilute the effectiveness of the sanctions being imposed by the EU,