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Malta

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Litigation & Dispute Resolution

Re-balancing the Respective Rights & Obligations of Lessors and Lessees

This article was written by​ Dr. Stephen Muscat and Daniel VancellIntroductionThe Reletting of Urban Property (Regulation) Ordinance, Chapter 69 of the Laws of Malta (the "Ordinance"), has been recently amended by virtue of Act XXIV of 20211. The main goal for the introduction of the Ordinance, originally, was to protect the interest of the public by establishing a type of lease which would automatically renew itself and could not be terminated unilaterally upon its expiration. A problem that arose under the Ordinance was the fact that this law placed a restriction on the amount of rent a lessor may demand,…
Stephen Muscat
31st August 2021
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Aviation

Amendments to the Aircraft Registration Act

The Aircraft Registration Act, Chapter 503 of the Laws of Malta (the "Act") and the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta (the "COCP") have been amended by virtue of Act No. XXXVII of 2021 (the "Amending Act"). The Amending Act brings about changes to various laws pertaining to aircraft registration.Certified DesigneeThe Amending Act introduces rules pertaining to the appointment of a "Certified Designee" (CD) under an irrevocable de-registration and export request authorisation (IDERA). Whilst the Act previously allowed for the appointment of a CD, and in fact, CDs are appointed in practise, the…
Joshua Chircop
10th August 2021
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Banking & Finance

The Central Bank of Malta Issues Directive 19 on the Use of Cheques and Bank Drafts

This article was written by​ Dr Michael Psaila and Mr Neeraj Bharwani.Directive No 19 on the Use of Cheques and Bank Drafts ('the Directive') was issued by the Central Bank of Malta on 7th July 2021 with the aim of promoting safe and effective use of cheques and bank drafts ('paper-based instruments') drawn on Maltese banks and financial institutions. Furthermore, institutions which exercise their passporting rights to provide their services in Malta, post office giro payment institutions and the Central Bank of Malta ('Bank') when acting as a payment service provider, and any natural or legal person making use of…
Michael Psaila
21st July 2021
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Immigration

The Malta Nomad Residence Permit

Residency Malta Agency, the local Government entity responsible for the management and promotion of Malta's residency-by-investment programmes, has launched a new residence permit, the Nomad Residence Permit. This initiative offers third-country nationals the opportunity to work remotely and reside in Malta for a temporary period.The holder of a Nomad Residence Permit shall retain their current employment in another country whilst residing in Malta. The residence permit is issued for one year and can be renewed upon the discretion of the authority if the holder of the permit continues to meet the eligibility criteria. Alternatively, those applicants who are interested in…
Julian Fenech Adami
9th June 2021
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Immigration

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
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Corporate and M&A

The inability to pay debts test before the Maltese Courts

In its recent decision Xuereb v Weber Construction Limited Et (decided 18 March 2021) the Civil Court (Commercial Section) weighed in once more on the appropriate tests to be applied when assessing a company's inability to pay its debts under Maltese corporate insolvency law. One of Weber Construction Limited's ("Weber") shareholders filed an application in court requesting the company's dissolution and consequential winding up on the grounds inter alia that it was unable to continue to pay its debts. Article 214(2)(a)(ii) of the Companies Act, 1995 (the "Act") grants the court discretion to order the dissolution and winding up of…
Simon Pullicino
7th April 2021