Insights

Immigration

Government Tables Bill to Broaden Citizenship Based on Merit

The Maltese Citizenship (Amendment) Bill of 2025 introduces key legal changes aimed at amending the citizenship framework, primarily through the repeal of the citizenship by investment programme, and a significant revision to Article 10(9) of the Maltese Citizenship Act. This amendment was prompted by the decision of the Court of Justice of the European Union, which found Malta's scheme to be in breach of EU law. Under the revised Article 10(9), the Minister may grant a certificate of naturalisation by merit to a foreign national or stateless person on the basis of exceptional service or contribution to Malta or to…

Julian Fenech Adami17th July 2025

Corporate and M&A

Amendments to the Companies Act – Act No. XVIII of 2025

A number of amendments to the Companies Act (Chapter 386 of the Laws of Malta) were enacted through Act No. XVIII of 2025, which was published on the 11th of July 2025. This Act implements the amendments proposed by Bill No. 136 of 2025. Read our previous articles with respect to the aforesaid Bill which provide an overview of the Key Amendments Affecting Partnerships and the Amendments Affecting Limited Liability Companies. This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact info@mamotcv.com

Mamo TCV Advocates16th July 2025

Investment Services & Funds Litigation & Dispute Resolution

CJEU preliminary rulings as a path towards further investment law harmonisation

The preliminary reference procedure under Article 267 of the Treaty on the Functioning of the European Union (TFEU) constitutes a mechanism by which the Court of Justice of the European Union (CJEU) ensures the uniform interpretation and application of Union law across the Member States. In the specific context of EU financial regulation, this procedural instrument assumes a distinctive function: that of enabling organic harmonisation within the internal market. By facilitating a judicial dialogue between national courts and the CJEU, the preliminary ruling mechanism operates as a decentralised yet effective method of aligning national interpretations of key provisions within directives…

Mario Mizzi14th July 2025

Employment and Industrial Relations

Malta’s Proposed Auto-Enrolment Occupational Pension Regime: Key Implications for Employers and Employees

Introduction On 18 June 2025, the Government of Malta, through the Ministry for Finance, launched a month-long public consultation on the introduction of an auto-enrolment occupational pension regime. This initiative seeks to strengthen long-term retirement savings by requiring employers to offer qualifying pension schemes and automatically enrol eligible employees, subject to an opt-out option. Which Legal Frameworks will be Impacted? Occupational pension plans in Malta are currently offered by two categories of licensed holders governed by distinct legal frameworks. These include Retirement Scheme Administrators, licensed under the Retirement Pensions Act, and long-term insurance undertakings, licensed under the Insurance Business Act.…

Christine Calleja and Klara Cachia10th July 2025

FinTech

ESMA Supports MFSA’s MiCA Approach

On the 10th of July 2025, the European Securities and Markets Authority (ESMA) published the results of its first peer review of a Crypto-Asset Service Provider (CASP) authorisation under the Markets in Crypto-Assets Regulation (MiCA). The review, focused on Malta, marks an important milestone in the EU’s transition to a harmonised regulatory framework for crypto-assets. The review can be accessed on this link. Malta, which had already established a structured national framework through its Virtual Financial Assets (VFA) regime in 2018, was among the first jurisdictions to operationalise MiCA. The peer review confirms that the Malta Financial Services Authority (MFSA)…

Mamo TCV Advocates10th July 2025

DORA Telecoms, Media & Technology

Threat-Led Penetration Testing Regulatory Technical Standards under DORA Take Effect

As of today, 8 July 2025, the Regulatory Technical Standards (RTS) on Threat-Led Penetration Testing (TLPT) are now effective, including in Malta, following their publication in the Official Journal on 18 June 2025. These RTS supplement Article 26 of the Digital Operational Resilience Act (‘DORA’) and lay down a framework for the execution of TLPT. The RTS specify the criteria used for identifying the financial entities which are required to perform threat-led penetration tests and lay down organisational arrangements for financial entities. The RTS also include provisions on risk management and specify criteria for engaging TLPT providers. Moreover, the RTS…

Mamo TCV Advocates8th July 2025