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Trusts, Foundations and Wealth Management

Amendments to Beneficial Ownership Regulations relating to Trusts, Foundations and Associations

Amendments have been made to the beneficial ownership regulations relating to trusts, foundations and associations together with other amendments to the principal AML/CFT regulations. The purpose of the majority of these amendments is to transpose Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 and other amending Directives that might be applicable.Amendments to TrustsIn exercise of the…
Joshua Chircop
24th February 2020
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Corporate and M&A

FIAU Publishes Revised AML/CFT Implementing Procedures

The Financial Intelligence Analysis Unit (the FIAU) has published an amended version of the Implementing Procedures Part 1, with changes taking effect from the 19th July 2019 (the Amendments). The FIAU has announced that the Amendments intend to provide Subject Persons with more in-depth qualitative guidance to assist them in better fulfilling their Anti-Money Laundering and Combatting the Financing of Terrorism (AML/CFT) obligations.This follows recent amendments to the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta (the PMLA) and the Prevention of Money Laundering and Funding of TerrorismRegulations, Subsidiary Legislation 373.01 of the Laws of Malta (the…
Joshua Chircop
31st July 2019
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Real Estate & Construction

Avoidance of Damage to Third Party Property Regulations

This article was written by Joshua Chircop and Nadia Abela.Overview and scopeThe 'Avoidance of Damages to Third Party Property Regulations' (L.N. 136 of 2019) (the 'Regulations') have been enacted by the Minister responsible for the building industry in virtue of the powers vested in him under the Building Regulation Act, after consultation with the Building Regulation Board (BRO). The scope of the Regulations is to ensure that before the start of any type of works consisting of any demolition, excavation, or construction, methodologies that are technically secure are prepared in order to minimise the risk of damages to third party…
Joshua Chircop
3rd July 2019
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Real Estate & Construction

Avoidance of Damage to Third Party Property Regulations

This article was written by Joshua Chircop and Nadia Abela.Overview and scopeThe 'Avoidance of Damages to Third Party Property Regulations' (L.N. 136 of 2019) (the 'Regulations') have been enacted by the Minister responsible for the building industry in virtue of the powers vested in him under the Building Regulation Act, after consultation with the Building Regulation Board (BRO). The scope of the Regulations is to ensure that before the start of any type of works consisting of any demolition, excavation, or construction, methodologies that are technically secure are prepared in order to minimise the risk of damages to third party…
Joshua Chircop
3rd July 2019
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Trusts, Foundations and Wealth Management

All Foundations and Associations to Submit Beneficial Ownership Information by 30th June 2019

This article was written by Dr Joshua Chircop and Dr Dorita Cardona.The Registrar for Legal Persons has announced that all foundations and associations are required to submit information on their beneficial ownership by the 30th June, 2019. This announcement follows another recent announcement by the Commissioner for Voluntary Organisations requiring all foundations and associations in Malta which qualify as voluntary organisations to enrol or notify the Commissioner by the 30th June 2019.  Foundations and Associations are required to comply with the Civil Code (Second Schedule) (Register of Beneficial Owners – Foundations) Regulations and the Civil Code (Second Schedule) (Register of…
Joshua Chircop
27th June 2019
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Corporate and M&A

EU Company Law to be Adapted to the Digital Era

The European Council has announced that it has reached a provisional agreement with the European Parliament on a draft directive that will facilitate and promote the use of online solutions in a company's contact with national regulatory authorities throughout its life cycle. The draft directive provides for the amendment of EU company law rules to allow for greater efficiency, transparency and legal certainty in company matters through the use of digital tools. The European Council has announced that the draft directive provides the following:Persons may register limited liability companies, and file company documents with national regulatory authorities entirely online;Information explaining national…
Joshua Chircop
19th February 2019