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Corporate and M&A

Mamo TCV Industrial Tribunal on Dismissal During Notice Period
Corporate and M&ALegal Updates

The Pre-Insolvency Act, Insolvency Practitioners Act and Commercial Code (Amendment) Act have entered into Maltese Law

The Insolvency Practitioners Act, the Pre-Insolvency Act and the Commercial Code (Amendment) Act were passed by the House of Representatives on the 14th of December 2022 and were assented to by the President on the 23rd of December 2022. For more information, please see our articles on the Proposed Pre-Insolvency Bill, on the Proposed Insolvency Practitioners Bill and on the three proposed Insolvency Bills, collectively. Disclaimer: 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 Advocates
29th December 2022
EU Directive introduces measures amending composition of Boards of Directors.
Corporate and M&A

EU Introduces Directive to Improve Gender Balance on Companies’ Boards of Directors

Over the past few weeks, the European Union has issued somewhat of a landmark act which is aimed at addressing the topical issue surrounding the lack of women in top-level corporate positions. Following nearly a decade of negotiations after its first proposal in 2012 by the European Commission, the Union has introduced the so-called “Women on Boards” Directive: Directive 2022/2381 on improving the gender balance among directors of listed companies and related measures (the “Directive”). The Directive’s principle objective is that at least forty percent of non-executive director posts, or a third of all director posts on publicly-listed corporations, irrespective…
Mikiel Calleja
16th December 2022
The Malta Business Registry has introduced some key changes to its online company register portal following a judgement of the Court of Justice of the European Union.
Corporate and M&A

Malta Business Registry Updates Public Access to Beneficial Ownership Information

The Malta Business Registry has published a notice informing the public of a key change to its online website company register portal. Access by the general public to the beneficial ownership details of companies registered with the Malta Business Registry has been removed following a judgement of the Court of Justice of the European Union. The decision, taken on the 22nd November 2022, considered provisions of the Anti-Money-Laundering Directive (Directive (EU) 2015/849 of the European Parliament) wherein the Register of Beneficial Ownership had been established and that information on the beneficial owners of registered entities are to be entered and…
Zachary Galea
1st December 2022
A brief overview of the Insolvency Practitioners Bill
Corporate and M&A

The Proposed Insolvency Practitioners Bill

The Insolvency Practitioners Bill (‘the Bill’) is at its second reading in Parliament. The Bill is intended to partially transpose EU Directive 2019/1023 (‘the Directive’) on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt. The Bill regulates the profession of the Insolvency Practitioner (‘the IP’), whose role is envisaged by the Directive to be one which is not subject to mandatory appointment in all cases, but which is left at the discretion of each Member State. The Pre-Insolvency Bill provides that a preventive…
Mikiel Calleja and Tessa Borg Bartolo
30th November 2022
The Proposed Pre-Insolvency Bill A review of the relevant sections of the Pre-Insolvency Bill
Corporate and M&A

The Proposed Pre-Insolvency Bill

The Pre-Insolvency Bill (‘the Bill’) is at its second reading in Parliament. The Bill is being proposed as an Act to partially transpose EU Directive 2019/1023 (‘the Directive’) on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt. In short, new legal tools are being provided in a bid to rescue viable businesses in distress from entering into a state of insolvency. The Bill is organised in different parts including early warning tools and crisis prevention, the entry into a preventive restructuring procedure and…
Mikiel Calleja and Tessa Borg Bartolo
9th November 2022
startupsinmalta.com
Corporate and M&A

Budget 2023: Government Announces New Measures Directed at Start-ups

The Government of Malta reaffirmed its commitment to establishing Malta as a go-to jurisdiction for start-ups in its Budget for 2023. During the budget speech that was delivered on 24th October 2022, the Minister for Finance and Employment, Hon. Clyde Caruana announced that a one-stop shop for start-ups is set to be launched within the “Start in Malta” programme currently run by the Malta Enterprise. This one-stop shop will seek to ensure that start-ups receive all the help necessary from pre-incorporation stage to assistance with applications for schemes on offer by the Malta Enterprise as well as by other entities.…
Martina Bonnici
26th October 2022