MFSA publishes template for reporting share buy-backs
In terms of the EU Market Abuse Regulation (MAR), issuers may acquire their own shares without any concern of engaging in insider dealing and/or market manipulation, provided that they follow the requirements set out in article 5. One of these requirements is for issuers to report their share buy backs to the relevant competent authority …
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Insider lists
MFSA FINDINGS ON INSIDER LIST COMPLIANCE In a recent Dear CEO Letter (the Letter), the Malta Financial Services Authority (MFSA) provided the market with a summary of its findings from a data-gathering exercise carried out with 28 Maltese issuers in respect of their obligation to keep insider lists (LOI) in terms of article 18 of the EU …
Unpaid wages and maritime claims: a captain’s legal battle before the Maltese Courts
In a judgment delivered on 14 February 2025 by the First Hall, Civil Court (the “Court”) in the case of Captain Tara Merlin Ehrlich vs MV Force India, the Court examined the interplay between maritime employment rights and the legal framework for enforcing such claims under Maltese law. The crux of the dispute related to allegations …
EU Court to rule on Commission v Malta (Case-181/23 – Citizenship by Investment) by April 29, 2025
(Case-181/23 – Citizenship by Investment) The Court of Justice of the European Union (CJEU) has announced the date for its much-anticipated ruling in the EU Commission’s infringement proceedings against Malta’s Citizenship by Investment framework: April 29, 2025. This follows the favourable Advocate General’s Opinion issued on October 4, 2024.
Decision on electricity price support measures in Spain and Portugal upheld by the General Court
In a judgment delivered by the General Court of the European Union (the “Court”) on the 12 March 2025 in the case of PGI Spain and Others (the “Plaintiffs”) vs the European Commission (the “Commission”), the Plaintiffs sought the revocation of the Commission’s decision not to object to Spain and Portugal’s measures designed to mitigate …
Unpacking the Advocate General’s take on Malta’s citizenship by investment framework: 1-0 for Malta at halftime?
Introduction: In Commission v Malta (filed on the 22 March 2023), the European Commission challenged Malta’s Citizenship by Investment framework. Timeline: how did we get here? It is useful at this juncture to recall how the whole process came about:
CJEU Rules on transparency requirements in Consumer Credit agreements
On 13 February 2025, the Court of Justice of the European Union (the “CJEU”) delivered a preliminary ruling in the case C-472/23 in the names Lexitor sp. z o.o. v A. B.S.A, clarifying certain scenarios where lenders may be deemed to be in breach of their obligations to provide consumers with the information set out …
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Restoration to the Register of Companies of a struck-off company
In Riċevitur Uffiċjali fil-kapaċita’ tagħha ta’ stralċjarja tal-kumpanija Cassar & Schembri Marketing Ltd v. Reġistratur tal-Kumpaniji, decided by Mr Justice Ian Spiteri Bailey (Civil Court – Commercial Section) on 10 January 2025, the Court resorted to an exceptional remedy at law and ordered the restoration of the company Cassar & Schembri Marketing Ltd (C 33174) …
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Malta introduces Special Limited Partnership Funds – a tailored solution for the private equity & venture capital industry
The MFSA have in February this year launched the framework for Collective Investment Schemes structured as Limited Partnerships without separate legal personality, referred to as Special Limited Partnership Funds (“SLPFs”), as part of the MFSA’s initiatives in relation to asset management.
MFSA issues finalised Conduct of Business Rulebook for banks
On 28 February 2025, the MFSA published a Conduct of Business Rulebook (the “Rulebook”) for credit institutions offering retail products and services with the aim of enhancing consumer protection in the banking sector. The Rulebook was accompanied by the publication of a Feedback Statement which outlines the salient changes implemented by the MFSA to the …
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