Recognised Incorporated Cell Companies

​BackgroundBy virtue of the Companies Act (Investment Companies with Variable Share Capital) Regulations, it has been possible, since 2003, to set up a multi-fund company licensed as a collective investment Scheme in Malta. The distinguishing feature of this type of umbrella-structure company is that several sub-funds can be set up within the company, with each sub-fund having its own segregated assets and liabilities. The assets and liabilities of each sub-fund are distinct from the assets and liabilities of the other sub-funds under the same umbrella structure. ...
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Non-Financial Counterparty and Financial Counterparty obligations under EMIR

​Each of the following shall be deemed to be Financial Counterparties for the purposes of EMIR: a credit institution, an investment firm, a UCITS, and where relevant, its management company, an AIF managed by AIFM, an insurance, assurance, reinsurance undertaking, or an institution for occupational retirement provision.Non-financial counterparties ("NFCs") are all those counterparties to a derivative contract other than Financial Counterparties, Trade Repositories and Central Counterparties. Until a fund shall remain regulated under the Malta PIF regime, it shall ...
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Malta: Implications of the Alternative Investment Fund Manager Directive (AIFMD)

Malta: Implications of the Alternative Investment Fund Manager Directive (AIFMD)
1. Background1.1. The deadline for implementation of Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers1 ("AIFMD"), by the EU Member States is 22 July 2013. However, there are various transitional provisions and special provisions on the transposition of certain rules in relation to third countries, which make the application of such rules dependent on a positive advice / opinion from ESMA, and a delegated act from the European Commission. For the relevant timefram...
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Mamo TCV contributes to Taylor Wessing’s Offshore Security Enforcement Guide

Mamo TCV contributes to Taylor Wessing’s Offshore Security Enforcement Guide
​Mamo TCV has contributed to Taylor Wessing's Offshore Security Enforcement Guide, 2016 further cementing its status as to the "go-to" Maltese law firm for several foreign international firms, particularly in the practice areas of banking, corporate finance and security-backed financing. The aim behind this Guide is to offer a handy and easily accessible comparative exercise on a number of key financial jurisdictions (including Malta) with an emphasis on enforcing security. This Guide is intended to serve as an overview and does not purport to replace specialist l...
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New Public Procurement Regulations Issued on the 28th of October 2016

New Public Procurement Regulations Issued on the 28th of October 2016
On the 28th of October, 2016, four new legal notices were issued which will significantly change the regime of public procurement law in Malta. The legal notices are meant to transpose into Maltese law the 2014 EU Public Procurement Directives namely:Directive 2014/23 - on the Award of Concession ContractsDirective 2014/24 - on public procurement (repealing Directive 2004/18/EC)Directive 2014/25 - on procurement by entities operating in the water, energy, transport and postal services sectors (repealing Directive 2004/17/EC) - the "Utilities Directive"In line...
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