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Corporate and M&ALegal Updates

Corporate Legal Update for the Month of July 2023

The MFSA published a Circular on the 13th  of July 2023 regarding a Public Statement issued by the European Securities and Markets Authority (hereinafter referred to as “ESMA”) outlining sustainability disclosure expectations in prospectuses. This was addressed to issuers and their advisory teams in the process of drawing up prospectuses. The statement aims to coordinate national authorities' review of sustainability disclosures in prospectuses, inform issuers and advisors about expected disclosures and enhance investor decisions by emphasizing sustainability-related disclosures. On the 14th of July 2023, the Crowdfunding Service Provider Act (Act No. XXV of 2023) was enacted. The purpose of this act…
Mamo TCV Advocates
16th August 2023
Corporate and M&ALegal Updates

Corporate Legal Update for the Month of June 2023

On the 12th of June 2023, an Act to amend the Gaming Act (Chapter 583 of the Laws of Malta) was passed by the House of Representatives, which introduced article 56A to the Gaming Act in order to encourage the establishment of gaming operators in Malta who offer local and cross-border supply of services. On the 16th of June 2023, the MFSA published a Feedback Statement on the new Publication Policy, together with the Policy. Click   for an overview of the Publication Policy. The MFSA published a Circular on the 21st of June 2023 by way of an update…
Mamo TCV Advocates
14th July 2023
#PEPs are a common topic of discussion in the world of #AML. In this article, the notion of PEPs and the risks involved when dealing with PEPs are considered.
Corporate and M&A

AML Insights 1 – Politically Exposed Persons

Who qualifies as a Politically Exposed Person? Politically exposed persons (or “PEPs”) are individuals who have been entrusted with a prominent public function. Regulation 2 of the Prevention of Money Laundering and Funding of Terrorism Regulations (“PMLFTR”) (Legal Notice 372 of 2017, as subsequently amended) includes a number of examples of roles which fall within the ambit of “prominent public function” which include heads of state, heads of government, ministers, parliamentary secretaries and members of parliaments. The definition provided in Regulation 2 of the PMLFTR also allows for the definition to be widened to include any person entrusted with a…
Zachary Galea
4th July 2023
Corporate and M&ALegal Updates

Corporate Legal Update for the Months of April and May 2023

On the 21st of April, Bill number 53 entitled the Arbiter for Financial Services (Amendment) Act (Chapter 555 of the Laws of Malta) was published among the Government Notices in the Supplement to the Government Gazette. This Bill has reached First Reading stage in Parliament and aims to amend the definitions of “customer” and “eligible customer” so as to enable consumer associations to file complaints before the Arbiter for Financial Services and to bring the Act in line with the provisions of Directive (EU) 2016/97. A subsequent Bill numbered 54 and entitled the Representative Actions (Consumers) Act was published in…
Mamo TCV Advocates
22nd June 2023
Corporate and M&ALegal Updates

Corporate legal update for the month of March 2023

The month of March 2023 has brought with it a new legislative Act to amend the Financial Markets Act (Chapter 345 of the Laws of Malta) and to provide for other matters ancillary or consequential thereto in the form of Act No. IX of 2023. This Act was passed by the House of Representatives on the 8th of March and assented to by the President on the 14th of March. Concurrently, a Legal Notice was published on the 14th of March by the name of the Financial Markets Act (Covered Bonds) Regulations, 2023, L.N. 59 of 2023. The scope of…
Mamo TCV Advocates
19th April 2023