Memorandum Of Defense – A Defendant’s Guide To Fighting A Court Case
If you have never been involved in a court proceeding in the UAE, chances are that you may not be familiar with the phrase “memorandum of defense”. However, it may be relevant to know this term and the process of litigation before the UAE courts if you are a resident of UAE or generally curious …
Continue reading “Memorandum Of Defense – A Defendant’s Guide To Fighting A Court Case”
What are the Punishments if you are Convicted of a Felony for Embezzlement?
Under the UAE Penal Code, called the Federal Decree-Law No. 31 of 2021 On the Issuance of Crimes and Penalties Law, crimes are divided into three types. These are misdemeanours, felonies, and infractions.
Method of dispute settlement in commercial trade in the UAE
United Arab Emirates has made its mark as the go-to jurisdiction for commercial trade for countries all across the globe. While there is no doubt that UAE is the preferred destination for setting up new businesses, opening up branches of foreign offices and high volume of transactions that take place on a daily basis, this …
Continue reading “Method of dispute settlement in commercial trade in the UAE”
Ad Hoc Versus Institutional Arbitration
Arbitration is an excellent alternative to litigation. It is a time and cost-efficient method of resolving disputes where the parties oust the jurisdiction of the courts and instead take their dispute to one or more third persons chosen by them—in a word, the arbitrator(s). It provides the parties autonomy, and the proceedings are confidential in …
Hong Kong’s proposed refinements on foreign source income exemption (“FSIE”) regime for passive income – Part 1
In response to its inclusion on the “watchlist” for non-cooperative jurisdictions for tax purposes by the European Union (“EU”), the Hong Kong government launched a consultation on the proposed refinements to Hong Kong’s FSIE regime for passive income, mapping out significant changes to address the EU’s concerns such that Hong Kong would not be “blacklisted” …
Women’s representation in the finance industry
In the latest episode of the ‘Ganado Meets Finance’ podcast, Stephanie Farrugia, senior associate at Ganado Advocates, speaks with Paulianne Nwoko, managing director of Apex Fund Services Ltd, on the representation of women in finance.
The New Banking Rule 25 on the Financial Holding Companies and Mixed Financial Holding Companies Regime
On the 28 July 2022 the Malta Financial Services Authority (the “MFSA”) issued a new Banking Rule, namely BR/25 on Financial Holding Companies and Mixed Financial Holding Companies (“BR/25”).
The future of financial services in Malta
In the first episode of the ‘Ganado Meets Finance’ podcast, Ganado Advocates’ Managing Partner Andre Zerafa speaks with MFSA CEO Joseph Gavin about regulation, supervision and the future of the industry. Listen to the podcast here: https://open.spotify.com/episode/55yqlCMx0JFSFMALbvIqGm The experience for Joseph Gavin as the MFSA’s CEO has been a fascinating and busy journey so far. …
Continue reading “The future of financial services in Malta”
The dissolution and winding up of a company when unable to pay its debts
In its judgement delivered on 25 February 2021, in the names “Dr. Antoine Naudi as special attorney on behalf of the foreign company UR s.r.l vs. Talocan Ltd of Malta”, the Civil Court (Commercial Section), presided over by Hon. Justice Joseph Zammit McKeon, analysed the requirements necessary to uphold a dissolution and consequential winding up …
Continue reading “The dissolution and winding up of a company when unable to pay its debts”
PSD3 – Through the lens of the European Banking Authority
The main objectives of the Payment Services Directive (EU) 2015/2366 (PSD2), transposed under Maltese law by inter alia the Financial Institutions Act, Chapter 376 of the Laws of Malta (FIA), were mainly to create a safer and more secure space for payments, to enhance protection for European Consumers and businesses and to contribute to an integrated and …
Continue reading “PSD3 – Through the lens of the European Banking Authority”