Ganado SARL

On April 23, the US’ Federal Trade Commission (US FTC) published the final version of a rather controversial new rule,

Shareholders’ Rights vs Supervisory Authority In the case T-134/21, Malacalza Investimenti Srl and Vittorio Malacalza (the “Applicants”), shareholders of the Italian bank, Banca Carige,

Family businesses, often spanning generations, possess a unique dynamic that necessitates special attention and care.

Introduction The CSSF published Circular CSSF 24/856 on investor protection in the event of a NAV calculation error, non-compliance with investment rules, and other errors (“Circular 24/856”) on 29 March 2024.

On 28th March 2024 the Malta Financial Services Authority (the “MFSA”) issued a Circular and Feedback Statement on the amendments to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations (the “PCC Regulations”),

On 8 February 2024, the European Commission (‘Commission’) published the revised Commission Notice on the definition of the relevant market for the purposes of Union competition law (‘Revised Notice’).

Introduction Following AG Sánchez-Bordona’s opinion last October, the European Court of Justice (“ECJ”) delivered on 22 February 2024,

DORA (the Digital Operational Resilience Act or Regulation 2022/2554) and the DORA Amending Directive (Directive 2022/2556) shall apply from 17 January 2025.

As the date of application of Regulation (EU) 2022/2554 (the “Regulation” or, as more commonly known, “DORA”) is looming large on the horizon,

The scope of the amendments is to fully transpose Directive (EU) 2019/1151 of the European Parliament and of the Council of 20 June 2019 amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law,

Introduction The European Securities and Markets Authority (ESMA) has kept up the momentum ahead of the implementation of the Markets in Crypto-Assets Regulation (MiCA) this year.

Introduction The Court of Justice of the European Union (the “CJEU”) in Case C-442/22, Dyrektor Izby Administracji Skarbowej w Lublinie, has ruled on the basis of Article 203 of Council Directive 2006/112/EC on the Common System of Value Added Tax (hereinafter the “VAT Directive”),

Maltese Parliament debating amendments to the VFA Act Bill No. 88, Virtual Financial Assets (Amendment) Bill (the “Bill”) is one of the next pending items on the Parliament of Malta’s agenda.

In examining the case of Nárokuj s.r.o. v EC Financial Services, a.s (C-755/22), the Court of Justice of the European Union (the “CJEU”) considered the obligation which banks are subject to prior to the granting of credit to consumers.

Three delegated regulations under the Regulation on digital operational resilience for the financial sector (Regulation (EU) 2022/2554 or “DORA”) have been adopted by the European Commission.

It is acknowledged that governance set-ups can differ between organisations and there is no set-up which is better than another or which is free from flaws.

On December 14, 2023, the Court of Justice of the European Union ("CJEU") delivered a landmark judgment, following the request of a preliminary ruling,

Governance and ESG The term “ESG” (Environmental, Social and Governance) has gained significant attention in recent years, much to the delight or dismay of interested parties.

On 8 February 2024, the Court of Justice of the European Union (“CJEU”), in delivering a preliminary ruling in the name of Inkreal s.r.o. v. Dúha reality s.r.o. (C-566/22) reached a controversial conclusion that parties established in the same Member State may agree on the jurisdiction of the courts of another Member State to settle their contractual disputes even if the contract does not have any other international element or connection with the chosen Member State.

The acronym ESG (which stands for Environmental, Social, and Governance) has become one of the buzzwords pervading discussions across various media platforms and at conferences over the recent months and will definitely gain further traction in the years to come.

On 26 February 2024, the Council of the European Union announced that it adopted the proposed Directive amending the Alternative Investment Fund Managers Directive (2011/61/EU) (“AIFMD”) and the UCITS Directive (2009/65/EU), commonly referred to as the ‘AIFMD II’ (2021/0376 (COD)).

Deposit accounts, payment accounts, electronic money and certain categories of lending are amongst the in-scope Retail Products 

In the fourth episode of the Ganado Meets Corporate Podcast, Dr Clement Mifsud-Bonnici, Senior Associate at Ganado Advocates, speaks with Office of Competition's Director General, Godwin Mangion where together they discussed merger control law in Malta.

The Malta Financial Services Authority (“MFSA”) has released its Supervisory Priorities for 2024, outlining a change to an outcomes-based approach to supervision.

In March 2022, the European Court of Justice (ECJ) gave a preliminary ruling[1] in yet another case about the unlawful disclosure of inside information – this time by a journalist (Mr A) who informed some sources about a story he was going to publish in a prominent British newspaper regarding two takeover bids which were rumoured to be launched over the next few weeks.

On 9 February 2024, the General Court of the European Union (the “GC”) rejected the application issued by Bytedance Ltd – TikTok’s parent company (the “Applicant”) – for interim measures vis-à-vis the EU Commission’s challenged decision to designate it as a “Gatekeeper” under the Digital Markets Act (the “Decision”).

In the digital age, insurance companies are not only guardians of financial protection but also stewards of sensitive customer data.

The 1st February 2024 marked the publication by the Malta Financial Services Authority (“MFSAs”) of its 9th volume from its series on ‘The Nature and Art of Financial Supervision’.