Skip to main content

Insights

Amendments to Probationary Periods in Employment
New Rules on Probation and Fixed Term Contracts of Employment Employment and Industrial Relations

New Rules on Probation and Fixed Term Contracts of Employment

On the 20th of December 2022, various amendments (and clarifications) to the Employment and Industrial Relations Act (Chapter 452) came into force, mainly relating to the probationary period applicable to fixed term contracts and the duration of fixed term contracts. By means of the amendments: In the case of a renewal of a fixed term contract for the same functions and tasks as the previous fixed term contract, there shall be no new probationary period. A fixed term contract cannot be shorter than six months unless there is an objective reason based on precise circumstances which needs to be listed…
Christine Calleja
26th December 2022
EU Directive introduces measures amending composition of Boards of Directors.
EU Introduces Directive to Improve Gender Balance on Companies’ 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
Mamo TCV Advocates participates in the Society Education Annual Conference on Aspects of Maltese Company Law
Introducing Maritime and Aviation Cell Companies to Malta Shipping, Yachting and Transport

Introducing Maritime and Aviation Cell Companies to Malta

Dr Ingrid Fenech participated in the Society Education Annual Conference on Aspects of Maltese Company Law held on 29th November, where she delved into the recent amendments to the Companies Act introducing the notion of cell companies carrying on or engaged in shipping or aviation business. With this introduction into local law, the shipping and aviation sectors in Malta now have an effective tool with which to segregate and protect the cellular and other assets of the company from the core cell company and from other individual cells, allowing for the structuring and ring-fencing of each cell. During the seminar,…
Mamo TCV Advocates
7th 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.
Malta Business Registry Updates Public Access to Beneficial Ownership Information 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
The Proposed 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
Documents still need to be submitted to the MFSA, but digital signatures can replace wet-ink signatures.
MFSA Issues Circular on Qualified Electronic Signatures Investment Services & FundsLegal Updates

MFSA Issues Circular on Qualified Electronic Signatures

In a circular dated the 15th of November 2022, the Malta Financial Services Authority (“MFSA”) confirmed that electronic signatures which are done with a ‘qualified electronic signature’ shall be accepted by the MFSA. The MFSA made reference to Article 25(2) of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23rd July 2014 on electronic identification and trust services for electronic transactions in the internal market (“eIDAS”)  which stipulates that digital signatures are only valid in the European Union if they are done with a provider which has been recognised by at least one EU Member…
Mamo TCV Advocates
30th November 2022