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legalupdate

Protection of Adults in Situations of Vulnerability | Part 3: From Guardianship to Personal Autonomy 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 Cassingena
19th August 2026
A Landmark Judgment for Secured Creditors 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. Testa
12th August 2026
Protection of Adults in Situations of Vulnerability | Part 2: From Investigation to Court Order 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 Cassingena
10th August 2026
Protection of Adults in Situations of Vulnerability: A Three-Part Series Litigation & Dispute Resolution

Protection of Adults in Situations of Vulnerability: A Three-Part Series

Part 1: Protecting Malta’s Most Vulnerable Introduction Malta's legal framework for the protection of vulnerable persons has undergone a significant reform with the enactment of the Protection of Adults in Situations of Vulnerability Act (Act XIV of 2026), now Chapter 659 of the Laws of Malta. For the first time, Malta has introduced a dedicated statutory regime aimed specifically at safeguarding adults who, because of disability or the effects of ageing, are unable to protect themselves from harm, abuse, neglect or exploitation. This legislation does far more than introduce new reporting obligations or create additional offences. It establishes an entirely…
Maria-Lisa Buttigieg and Saskia Cassingena
4th August 2026
ESMA Publishes Its 2025 Corporate Reporting Enforcement And Regulatory Activities Report Capital Markets

ESMA Publishes Its 2025 Corporate Reporting Enforcement And Regulatory Activities Report

On 27 May 2026, the Malta Financial Services Authority ("MFSA") issued a circular drawing the attention of market participants to the publication by the European Securities and Markets Authority ("ESMA") of its 2025 Corporate Reporting Enforcement and Regulatory Activities Report (the "Report"). The Report sets out the findings of European enforcers' examination of listed companies' annual financial reports and identifies the common enforcement priorities that national competent authorities across the European Union and the European Economic Area will focus on in their supervisory activities. ESMA's enforcement programme is designed to promote the consistent application of International Financial Reporting Standards ("IFRS")…
Mamo TCV Advocates
29th May 2026
The Simplified Dissolution Procedure Under Article 214A of the Maltese Companies Act Corporate and M&A

The Simplified Dissolution Procedure Under Article 214A of the Maltese Companies Act

At the end of 2025, the Companies Act (Chapter 386 of the Laws of Malta) (the “Companies Act”) was amended by Legal Notice No. 286 of 2025, giving effect to Article 32 of the Companies (Amendment) Act (Act XVIII of 2025) and introducing the new Article 214A into the Companies Act which establishes the  “simplified dissolution procedure” designed to facilitate the voluntary closure of dormant private limited liability companies without the need to appoint a liquidator. Applicability of Article 214A Under Article 214A of the Companies Act, a company that has been validly registered for at least six months may…
Nicole Portelli and Jack Vassallo Cesareo
4th February 2026