All Posts By

Simon Pullicino

Simon Pullicino is a Senior Associate within the firm’s Corporate Finance & Insolvency Group, having joined Mamo TCV Advocates in 2009. His main practice areas include asset management & securities, banking & corporate finance, insolvency and debt restructuring, corporate rescue, mergers & acquisitions, commercial litigation and general commercial law.

Simon advises clients on all aspects of commercial and financing transactions, corporate governance, liquidations & debt restrucuting, regulatory and compliance issues. He has gained extensive experience in the field of corporate insolvency and corporate rescue, having being involved in a number of corporate liquidations, both voluntary and contentious proceedings litigated before the Maltese Courts.

Simon has also represented clients before the Maltese Superior Courts and in arbitration proceedings in a number of commercial litigation disputes with a particular focus on minority shareholder protection.

He has participated as a contributory author in a number of European wide legal publications, most recently contributing to the “Merger Control – Jurisdictional Comparisons” European Lawyer Reference (2nd Edition, 2014). Simon is currently participating as a National Reporter in the European Commission’s “Study on a new approach to business failure and insolvency”.

He also lectures at the University of Malta on the subject of corporate insolvency and winding up for students of the M.A Financial Services degree.

News_BFB.png
MFSA Reminder: Existing CSPs to Comply with new Rules by September Corporate and M&A

MFSA Reminder: Existing CSPs to Comply with new Rules by September

This article was written by Dr Simon Pullicino, Dr Petra Attard, and Dr Laura SpiteriThe Malta Financial Services Authority ('MFSA') has issued a circular directed at authorised company service providers ('CSPs') that were registered to provide CSP services prior to the entry into force of the new CSP rules. CSPs that offered CSP services on the date of entry of the new rules – 16 March 2021 – could only continue to offer such services if they applied for authorisation with the MFSA by the 16 May 2021. This application for authorisation resulted in the MFSA classifying company service providers…
Simon Pullicino
8th July 2021
News_Mamo.png
Navigating the new regulatory landscape for Company Service Providers – Part 2 Corporate and M&A

Navigating the new regulatory landscape for Company Service Providers – Part 2

This article was written by Dr. Simon Pullicino & Dr. Laura SpiteriIn this second instalment of our series 'Navigating the new regulatory landscape for Company Service Providers', we take a closer look at the application process for CSPs seeking regulatory authorisation, the appointment of key office holders and applicable exemptions to the new regime. Part 1 of this series can be accessed here.The Application ProcessAny person operating in or from Malta who acts, or holds himself out as acting as a CSP by way of its business is required to apply for authorisation from the MFSA, unless such person is able to benefit…
Simon Pullicino
6th May 2021
News_Mamo.png
Navigating the new regulatory landscape for Company Service Providers – Part 1 Corporate and M&A

Navigating the new regulatory landscape for Company Service Providers – Part 1

This article was written by Dr Simon Pullicino, Dr Petra Attard and Dr Laura SpiteriFollowing the entry into force of the Company Service Providers (Amendment) Act 2020 (the "Amendments") on 16 March, 2021 a number of significant amendments have been introduced to the local regulatory framework governing the provision of company services. The most notable amendments consist of the removal of previous exemptions available to warranted professionals and the end of the de minimis rule. The Amendments also introduce a classification system, assigning CSPs to a specific class by reference to the services provided. These Amendments form part of a broader reform…
Simon Pullicino
4th May 2021
News_BOJ.png
The inability to pay debts test before the Maltese Courts Corporate and M&A

The inability to pay debts test before the Maltese Courts

In its recent decision Xuereb v Weber Construction Limited Et (decided 18 March 2021) the Civil Court (Commercial Section) weighed in once more on the appropriate tests to be applied when assessing a company's inability to pay its debts under Maltese corporate insolvency law. One of Weber Construction Limited's ("Weber") shareholders filed an application in court requesting the company's dissolution and consequential winding up on the grounds inter alia that it was unable to continue to pay its debts. Article 214(2)(a)(ii) of the Companies Act, 1995 (the "Act") grants the court discretion to order the dissolution and winding up of…
Simon Pullicino
7th April 2021
News_ESA.jpg
ESAs issue joint supervisory statement on the application of the Regulation on Sustainability-related disclosures in the Financial Services Sector (SFDR) Banking & Finance

ESAs issue joint supervisory statement on the application of the Regulation on Sustainability-related disclosures in the Financial Services Sector (SFDR)

On 25 February, 2021 the triumvirate of European Supervisory Authorities, the EBA, EIOPA and ESMA (the "ESAs") published a joint statement on the effective and consistent application and national supervision of the Sustainable Finance Disclosure Regulation ("SFDR"). The joint statement is intended to help mitigate the risks of divergent application of the SFDR, and promote a level playing field to protect investors. In their joint statement, the ESAs recommend that during the interim period between 10th March, 2021 (the date upon which most of the provisions on sustainability-related disclosures laid down under the SFDR will apply) to the application date…
Simon Pullicino
1st March 2021
News_TLP.png
Publication of FIAU Interpretative Note for Lawyers Winding Up and Insolvency

Publication of FIAU Interpretative Note for Lawyers

On 26 August 2020, the Malta Financial Intelligence Analysis Unit (FIAU) published its 'Interpretative Note: Relevant Activity for Lawyers' (the Interpretative Note) designed to guide legal professionals in determining the conditions under which a 'relevant activity' in terms of Malta's AML/CFT legislative framework may arise. Being able to ascertain these conditions is of paramount importance, given that obligations under the applicable AML legislation will only apply where a legal professional carries out a relevant activity. When the activity in question falls outside the statutory definition of relevant activity, the legal professional carrying out such activity would not be considered a…
Simon Pullicino
29th August 2020