Skip to main content
Corporate & Commercial

New Regulations Setting Up a Company Recovery Fund

On 12th May 2020, Legal Notice 192 of 2020, the Companies Act (Company Reconstructions Fund) Regulations 2020 (the "Regulations") was published to supplement the company recovery procedure as provided under article 329B of the Companies Act (Chapter 386 of the laws of Malta) (the "Act").Objective of the RegulationsThe Regulations set up and regulate the administration and operation of a fund to be designated the Company Recovery Fund (the "Fund") which is intended to facilitate the company recovery procedure under article 329B of the Act. The Fund shall receive a maximum amount of €500,000 annually from the Malta Business Registry provided…
Nicole Portelli
15th May 2020
Banking & FinanceCOVID19 MeasuresLegal Update

The Central Bank of Malta Issues Directive 17 in view of Social Distancing Requirements

On 25th March 2020, following the advice of the Maltese health authorities to the public to pursue social distancing, the Central Bank of Malta (CBM) issued Directive 17, which implements temporary precautionary measures with respect to essential services provided by credit and financial institutions. This Directive entered into force on 26th March 2020 and outlines the minimum service expectations to be provided by commercial banks and financial institutions with the aim of reducing the number of persons visiting their branches each day. These measures mainly concern:(a) the deposit and withdrawal of cash; (b) the deposit, encashment and clearing of paper…
Nicole Portelli
27th March 2020
Banking & Finance

The Court of Justice of the European Union Gives Preliminary Ruling on Unfair Terms in a Mortgage Loan Agreement

FactsCase C-125/18, "Marc Gomez del Moral Guasch vs. Bankia SA" concerns a request to the European Court of Justice (the "ECJ") for a preliminary ruling from Juzgado de Primera Instancia No 38 de Barcelona (Court of First Instance No. 38, Barcelona, Spain) in relation to the fairness or otherwise of a contractual term governing the variable ordinary and remunerative interest rate in a mortgage loan agreement. Under the agreement in question, the interest rate payable by Mr Gomez del Moral Guasch was to vary according to the reference index based on the mortgage loans granted by the Spanish savings banks,…
Nicole Portelli
17th March 2020
Banking & FinanceCOVID19 Measures

MFSA Issues Circular to Credit Institutions on Temporary Capital and Operational Relief in Reaction to Coronavirus (COVID-19) – 13th March 2020

In a circular issued following the press release published by the European Central Bank ("ECB") on 12th March, the MFSA informed licensed credit institutions and the general public that the measures introduced by the ECB in terms of the aforementioned press release are to apply in their entirety to all credit institutions licensed under the Banking Act (Chapter 371 of the laws of Malta) with immediate effect and until further notice.These measures include the following: Banks can fully use capital and liquidity buffers, including Pillar 2 Guidance; Banks will benefit from relief in the composition of capital for Pillar 2…
Nicole Portelli
16th March 2020
Banking & FinanceCOVID19 Measures

MFSA Issues Circular to Financial Institutions authorised in terms of the Financial Institutions Act on Contingency Preparedness in the Context of Coronavirus (COVID-19) – 13th March 2020

In a circular issued on Friday 13th March, the MFSA called upon Financial institutions to inform it of any adverse change in customer behaviour, imminent difficulties in ensuring the continuity of services and/or to inform it should contingency plan/s be put into effect. Financial Institutions were also encouraged to communicate with critical service providers to understand and ascertain how services continuity shall be ensured.The MFSA further communicated that it is constantly monitoring developments in relation to the spread of COVID-19 and that it is in close cooperation with the Central Bank of Malta and the European Supervisory Authorities.The full circular…
Nicole Portelli
16th March 2020
Banking & FinanceCOVID19 Measures

MFSA Issues Notification about Interim Supervisory Measures – 12th March 2020

In view of the current international recommendations and good practices, the MFSA has notified all authorised firms, recognised and licensed persons that with immediate effect and for an interim period, the MFSA's Supervision Unit will be increasing its use of remote data gathering supervisory tools. This includes increasing and widening the scope of pre-visit documentation requests, issuing questionnaires and conducting Board and Officer interviews via teleconferencing or video link.The MFSA will be continuing with its planned schedule of inspections adopting the aforementioned new procedures and will not postpone inspections unless specific circumstances so require it.The full circular may be accessed…
Nicole Portelli
16th March 2020