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We work tirelessly to guide our clients and support them through the complexity and dynamic landscape they operate in. We partner with them to find better ways to overcome obstacles, seize opportunities and safeguard for future threats. We empower our teams and inspire them through example, encouraging them to always go further and look deeper in pursuit of the right solutions. We lead the way and empower our clients and teams for success.
At Mamo TCV we focus on providing our clients with expert legal advice and practical insight. This helps our clients chart a better course and assists them in steering clear of risk whilst positioning them for success.
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Today’s global and inter-connected markets present new legal challenges.
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AI & Funds #1 – investment discretion
When one instructs a painter to draw a portrait (no matter how detailed the instructions may be) the painter will always have discretion in executing the final product. Likewise, in investment funds, the investment manager is instructed to invest according to various rules and timeframes which are detailed in the investment strategy as approved by the competent financial regulator, but there will still remain investment discretion on how the investment strategy is executed. This discretion is normally based on a number of statistically orientated formulas which analyses quantitative and qualitative data. Artificial Intelligence (“AI”) is being increasingly used in these…
The MFSA has proposed amendments to the Insurance Distribution Rules
The MFSA commenced a consultation process on its proposed amendments to the Insurance Distribution Rules (hereinafter referred to as the “IDR”). The consultation process began on the 26th of January 2023 and closes on the 8th of March 2023. The following amendments are being proposed: Chapter 1 in relation to Professional Indemnity requirements; Chapter 2, together with a proposed new draft Annex to Chapter 2 and draft Schedules 4 – 8 of Chapter 2 in relation to: (i) the pre-requisite qualifications when submitting an application for registration of individuals in the Agents Register, Managers Register or Brokers Register, (ii) the…
The MFSA announced updates to the Trusts Ultimate Beneficial Ownership Register
The Malta Financial Services Authority (the “MFSA”) released a Circular on the 25th of January 2023 announcing important updates to the Trusts Ultimate Beneficial Ownership Register (“TUBOR”). With effect from the same date, the MFSA has also amended the FAQs relating to TUBOR. The MFSA reminded the industry that in the TUBOR Declaration, the trustee is required to indicate if the beneficiary of the trust (whether a corporate or individual beneficiary) has received a benefit or otherwise from the trust. To this end, a new field has been added in the TUBOR Declaration which requires the trustee to make this…
