Insights

Corporate and M&A Litigation & Dispute Resolution

No Liquidation Committee? Here’s How a Shareholder Can Step in

This article forms part of a series exploring key procedures and rights under the Companies Act (Chapter 386 of the Laws of Malta) in the context of company liquidation. While not every step requires a direct court application, creditors and other stakeholders still play an active role in shaping the process. When a company is being wound up by the court, a liquidation committee may be appointed to oversee and support the liquidator’s work. This committee is typically made up of creditors and is meant to safeguard the interests of those with a stake in the company’s remaining assets. But…

Kristen Camilleri and Jonathan Abela Fiorentino16th September 2026

Telecoms, Media & Technology

EU Commission Classifies ChatGPT as a Search Engine: A Brief Look at What This Means

The European Commission has recently designated OpenAI’s ChatGPT as a Very Large Online Search Engine (“VLOSE”), whilst Roblox and Reddit have been designated as Very Large Online Platforms (“VLOPs”), making all three subject to the Digital Services Act (“DSA”) . Having each exceeded an average of 45 million monthly users throughout the European Union (“EU”), the newly designated services now have four months (until January 2027) to comply with all additional requirements mandated by the DSA for both VLOSEs and VLOPs. This is particularly noteworthy in the case of ChatGPT, which has now joined the two other VLOSEs, 'Bing' (operated…

Warren Ciantar and Emma Mifsud14th September 2026

Intellectual Property

No Free Rides on Reputed Marks: The CJEU’s Balancing Act Between Trademark Rights and Political Expression in Inter IKEA Systems v Vlaams Belang

On the 8th of May 2023, a Belgian court, the Nederlandstalige ondernemingsrechtbank Brussel , referred a question to the Court of Justice of the European Union in Case C-298/23 Inter IKEA Systems BV v Vlaams Belang, raising an important issue at the intersection of trademark law and freedom of expression. The dispute concerned the use of the well-known IKEA trademark by the Belgian political party Vlaams Belang in connection with its proposals for immigration and asylum reform. The party promoted its programme under the title ‘IKEA-PLAN’, with the acronym standing for ‘Immigratie Kan Echt Anders’ (‘Immigration Really Can Be Different’).…

Antoine Camilleri and Emily De Brincat11th September 2026

Corporate and M&A

Preventive Restructuring in Malta: A Better Way to Rescue Troubled Businesses

For many Maltese companies, financial difficulty used to mean a stark choice: muddle through and hope for the best, or head straight for insolvency. A new legal route — preventive restructuring — changes that equation by creating space to repair a viable business before it is too late. For years, the story was familiar. A business in Malta hits a rough patch — a delayed customer payment, a lost contract, a costly dispute, a run of poor trading. Directors, often with the best of intentions, focus on keeping the doors open and the payroll met. Credit stretches. Bank facilities are…

Andrea Theuma and Michael Psaila2nd September 2026

Litigation & Dispute Resolution

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