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Corporate and M&A

Brexit Blow: Setback for the UK in its Efforts to Join the Lugano Convention.

The European Commission ("Commission") representing the European Union ("EU") has presented the Swiss Federal Council in its capacity as the Depository of the 2007 Lugano Convention ("Convention") with a Note Verbale regarding the United Kingdom's application to accede to the Convention, submitted on 8 April, 2020. Accession to the Convention would only be possible if the United Kingdom ("UK") were to secure the approval of all existing Convention members, being the EU, Iceland, Denmark, Norway and Switzerland. Iceland and Switzerland have already given their formal approval, with Norway also indicating it is in favour of UK membership. In a setback…
Simon Pullicino
3rd August 2021

30th June Deadline Nearing for Britons to Secure Residency Status in Malta

30th June 2021 Deadline Nearing for Britons to Secure Residency Status in MaltaThousands of British nationals living across the European Union only have a few weeks left to regularize their residency status in their country of residence, including Malta.Since Brexit, fourteen countries, including Portugal, Spain, and Italy, have automatically granted post-Brexit rights to British nationals residing in their country lawfully. However, in several other countries, including Malta, British nationals have had to apply for the residency status as their right to residence was not automatically granted.In view of Brexit, British nationals and their family members who resided in Malta prior…
Julian Fenech Adami
2nd June 2021
Corporate and M&A

Recognition of UK Insolvency Proceedings in Malta Post-Brexit

Prior to 1st January, 2021, the cross-border recognition and enforcement of insolvency proceedings and judgements between the European Union ("EU") and the United Kingdom ("UK") was largely consolidated within the framework of the European Insolvency (Recast) Regulation (the "EIR") which generally attributed automatic recognition to such proceedings and/or judgements. Following the end of the Brexit transitional period on the 31st December 2020, the EIR no longer applies to the UK. Consequently, insolvency proceedings opened in the UK after 31st December 2020 will not benefit from automatic recognition. The EIR applies a set of common rules in determining the jurisdiction to…
Simon Pullicino
22nd February 2021
Antitrust, Competition and TradeCorporate and M&ALitigation & Dispute ResolutionWinding Up and Insolvency

Future judicial cooperation between the EU & UK: Assessing the implication of a “Hard Brexit” for judicial cooperation in civil and commercial matters.

The EU-UK Trade and Cooperation Agreement (the "TCA") concluded on Christmas Eve, 2020 is silent with respect to judicial cooperation in civil and commercial matters (as opposed to cooperation in criminal matters). Consequently, as from 1st January, 2021 the UK is treated as a third state with respect to the application of a number of significant EU legislation regulating matters of cross-border judicial cooperation (e.g. the rules governing the recognition and enforcement of court judgements or the choice of jurisdiction and applicable law clauses). Given the regularity with which an English law clause, usually supported by a choice of English…
Simon Pullicino
8th February 2021
Antitrust, Competition and Trade

Brexit and Competition Law – The Way Forward

On the 31 January 2020 ("Exit Day"), the UK officially withdrew from the European Union ("EU") which led to a plethora of questions about how certain areas of law, including competition law, will operate post Exit Day. This is particularly due to the presence of numerous cross-border transactions among the EU Member States. Despite the UK's withdrawal and it now being considered a third State, a transition period will apply until 31 December 2020 ("Transition Period") during which the functions of the Competition and Markets Authority ("CMA") – the UK's equivalent to Malta's Office for Competition – will not be…
Laura Spiteri
14th February 2020
Legal Updates

MFSA issues Circular on Market Infrastructure Matters in relation to Brexit

Following the United Kingdom's ("UK") withdrawal from the European Union ("EU"), the Malta Financial Services Authority ('MFSA') has issued a circular which provides an update on governance and reporting obligations.This update is relevant and applicable to all market participants, specifically those entities which fall within the ambit of the following securities markets' regulations:1.The Markets in Financial Instruments Directive ("MiFID II") and The Markets in Financial Instruments Regulation ("MiFIR II"); 2.The European Markets Infrastructure Regulation ("EMIR"); 3.The Central Securities Depositary Regulation ("CSDR"); 4.The Alternative Investment Fund Managers Directive ("AIFMD"); & 5.The Money Market Funds Regulation ("MMFR"). The UK's withdrawal agreement states…
MamoTCV Advocates
7th February 2020