Insights

Protection of Adults in Situations of Vulnerability | Part 3: From Guardianship to Personal Autonomy

Introduction This is the final instalment of our three-part series examining Malta’s 2026 reforms relating to the protection of adults in situations of vulnerability and the promotion of personal autonomy. In Part 1, we introduced the Protection of Adults in Situations of Vulnerability Act (Chapter 659 of the Laws of Malta), outlining its objectives, guiding principles and institutional framework. Part 2 examined how that framework operates in practice, from the reporting and investigation of concerns through to the implementation and review of protective measures. This article turns to the companion legislation, the Various Laws (Personal Autonomy) (Amendment) Act, 2026 (Act…

Maria-Lisa Buttigieg and Saskia Cassingena19th August 2026

Investment Services & Funds

MFSA Revises Regulatory Framework for CFD and Rolling Spot Forex Providers

On 6 August 2026, the Malta Financial Services Authority ("MFSA") issued a circular announcing amendments to Section 13 of Part A and Section 7 of Part BI of the Investment Services Rules for Investment Services Providers. The changes primarily affect applicants and licence holders offering contracts for difference ("CFDs") and rolling spot forex contracts. The amendments form part of the MFSA's ongoing review of its Rulebook to ensure that regulatory requirements remain proportionate and aligned with applicable EU legislation and evolving supervisory expectations. Streamlining Authorisation Requirements One of the more significant changes concerns the removal of the definition of "Trading…

Mamo TCV Advocates18th August 2026

Corporate and M&A Litigation & Dispute Resolution

What if the Liquidator isn’t doing their Job? Your Right to Complain in Court

This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision, outlining when it applies, the steps required, and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. Once a liquidator is appointed to wind up a company, creditors and contributories often assume that the process will proceed smoothly. But what happens when it does not? Under Article 243(1) of the Companies Act, any…

Kristen Camilleri and Jonathan Abela Fiorentino17th August 2026

Litigation & Dispute Resolution

A Landmark Judgment for Secured Creditors

BNF Bank plc Obtains the Release of Property from the Effects of a Seizing and Freezing Order This appears to be the first instance in Malta in which the Civil Court (Asset Recovery Section) released property from the effects of a seizing and freezing order(the “Order”), to enable a banking institution to enforce pre-existing security rights. The judgment delivered on the 14th of May 2026 in the names BNF Bank plc vs Uffiċċju għall-Irkupru tal-Assi (Asset Recovery Bureau) by the said Court as presided by Mr. Justice Henri Mizzi, has now become res judicata and represents an important development in…

Kevin Cutajar and Frank B. Testa12th August 2026

Employment and Industrial Relations

Legal Update: Uniform Bereavement and Marriage Leave Entitlements Across All Sectors

The Minimum Special Leave Entitlement Regulations (Subsidiary Legislation 452.101) have been amended to establish a uniform minimum entitlement of three working days' marriage leave and three working days' bereavement leave. These minimum entitlements apply across all sectors, irrespective of whether an employee is covered by a Conditions of Work Regulation Order. Prior to these amendments, employees who were not covered by a Wage Regulation Order (‘WRO’) were generally entitled to one day of bereavement leave and two days of marriage leave, while more favourable entitlements often applied under certain WROs. The reform also eliminates certain sector-specific conditions which required employees…

Christine Calleja and Klara Cachia11th August 2026

Litigation & Dispute Resolution

Protection of Adults in Situations of Vulnerability | Part 2: From Investigation to Court Order

Introduction In the first part of this series, we examined the Protection of Adults in Situations of Vulnerability Act (Chapter 659 of the Laws of Malta) (“the Act”), focusing on the objectives of the legislation, the adults it seeks to protect and the institutional framework established to support its operation. This second article considers how the framework operates once concerns are reported. It examines the investigative process, the assistance and protective measures available under the Act, and the procedures through which they may be ordered, reviewed and enforced. From Report to Investigation Once a report is received under the Act,…

Maria-Lisa Buttigieg and Saskia Cassingena10th August 2026