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Public Procurement and State Aid

ICLG The International Comparative Legal Guide to: Public Procurement 2018

As in previous years, Mamo TCV has been featured in the Global Legal Group's International Comparative Legal Guide to Public Procurement. The guide is primarily aimed at corporate counsel and international practitioners in the field of public procurement and it provides a comprehensive worldwide legal analysis of public procurement laws and regulations. The Guide is a collective effort between leading public procurement lawyers and industry specialists and it is now in its tenth edition. This is not the first time that Mamo TCV has been chosen to contribute the chapter relating to Malta, confirming the firm's expertise in this important…
Joseph Camilleri
8th February 2018
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Corporate and M&A

Malta: Bill for the Production of Cannabis for Medicinal Use

Malta: Bill for the Production of Cannabis for Medicinal Use Production of Cannabis for Medicinal Use Act, 2018On the 15 January 2018 a Bill was introduced by the Honourable Chris Cardona, M.P., Minister for the Economy, Investment and Small Businesses, to permit the local industrial production of cannabis products for medical use in the context of a controlled and supervised environment.Definition of Cannabis and Licence Requirement"Cannabis" is defined as "fresh or dried cannabis, cannabis oil, cannabis plant or seeds, derivatives of cannabis, and/or any substance and, or product set out in guidelines issued by the regulatory authority to be used…
Mikiel Calleja
6th February 2018
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Corporate and M&A

UBO Registry: New Reporting Requirements for Companies and Trusts

​One of the key features of the newly transposed Fourth Anti- Money Laundering Directive (Directive 2015/849/EU) is the imposition of an obligation on all European Union Member States to ensure that all incorporated corporate and other legal entities maintain sufficient and up to date information on their beneficial ownership.In this regard, December 2017 saw the publication of the Companies Act (Register of Beneficial Owners) Regulations which imposed a requirement on all Maltese Companies (saving the exceptions listed below) to obtain and hold adequate, accurate and current information on beneficial ownership and to provide such information to the Malta Registry of…
Luke Mizzi
1st February 2018
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Employment and Industrial Relations

The importance (or otherwise) of disciplinary proceedings in dismissal cases

In a recent judgment, James Buhagiar vs Jani Limited, delivered on the 26th January 2018, the Court of Appeal examined in quite some detail the issue of disciplinary proceedings in unfair dismissal cases.The employee had been dismissed following an accusation of theft. The disciplinary procedures in the employment contract had been ignored. On the basis of this, the Industrial Tribunal had concluded that the dismissal was in violation of the right to a fair hearing and of the employment conditions. The Tribunal ordered the employer to reinstate the employee in his previous post without loss of pay for the correct…
Christine Calleja
1st February 2018
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Investment Services & Funds

MFSA launches Supplementary Licence Conditions applicable to Professional Investor Funds investing in Virtual Currencies.

After the Malta Financial Services Authority's ("MFSA") consultation process on the Regulation of Collective Investment Schemes Investing in Virtual Currencies and the subsequent feedback statement issued on such matter, the MFSA has published Supplementary Conditions applicable to Professional Investor Funds ('PIFs') investing in Virtual Currencies ('VCs'). Coupled with the recent discussion paper on Initial Coin Offerings, Virtual Currencies and Related Service Providers, it is clear that the MFSA is seeking to create a strong regulatory framework and ensure high levels of investor protection and market integrity in the ever-expanding digital economy. The supplementary license conditions have introduced new requirements targeted…
Luke Mizzi
30th January 2018
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Intellectual Property

A More Poignant New Year than Usual for French Winemakers After CJEU Ruling on “Champagner Sorbet” Case

Whilst champagne corks were popping all over the world this past New Year's, winemakers in the Northeast of France had little cause for celebration in the wake of the CJEU's decision over Aldi Süd's "CHAMPAGNER SORBET" dessert.Champagne has become somewhat of a posterchild for so-called Protected Designations of Origin (PDOs) – one of three regimes available under EU law whereby food producers across Europe so jealously guard their various namesakes.PDOs are sui generis intellectual property rights available to specific agricultural products originating in particular geographical regions. They can have serious implications for unsuspecting food traders all over the EU, including…
Jonathan Tonna
22nd January 2018