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Mamo TCV Advocates

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Constitutional Court Increases Damages Due to Landlords of Sliema Property Because of Prejudicial Rent Laws Litigation & Dispute Resolution

Constitutional Court Increases Damages Due to Landlords of Sliema Property Because of Prejudicial Rent Laws

This article was written by Michael E. Camilleri & Ilenia AgiusIn a judgment delivered on 20th July 2020, the Constitutional Court ordered the State Advocate to pay €250,000 in damages, including moral damages, to the landlords of a property in The Strand, Sliema. The property in question was initially acquired in 1919 by title of temporary emphyteusis which is to expire in 2028. In 1976 the emphyteuta leased the property at an annual rent of Lm4,000 subject to an increase of 5% every five years. The parties had also agreed to enter into a new lease agreement after the lapse of fifteen…
Michael E. Camilleri
31st July 2020
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Iconic Ferrari 250 GTO Trademark (Partially) Cancelled Intellectual Property

Iconic Ferrari 250 GTO Trademark (Partially) Cancelled

"Cancellation Division considers that genuine use of the contested EUTM has been sufficiently demonstrated for the relevant factors in relation to toy vehicles, scale-model vehicles, whereas no use of the mark or proper reasons for non-use have been demonstrated in relation to any of the other goods for which it is registered."Hardcore car enthusiasts (or just casual followers of the Top Gear series) know that the Ferrari 250 GTO is the holy grail of the automotive world – a car so valuable and revered that Jeremy Clarkson himself was denied the privilege of driving it. It remains, as far as…
Jonathan Tonna
10th July 2020
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Amendments to the Companies Act Corporate and M&A

Amendments to the Companies Act

This article was written by Dr Michael Psaila and Dr Joshua ChircopOverviewOn the 23rd June 2020, the President, on the advice and with the consent of the House of Representatives, enacted the Companies (Amendment) Act, Act number XXXI of 2020 (the "Amendment Act"), which introduces certain amendments to the Companies Act, Chapter 386 of the Laws of Malta (the "Act").The Companies (Amendment) Bill (the "Bill") was previously tabled before the House of Representatives by the Minister for the Economy, Investment and Small Businesses on the 13th May 2020. This Bill was reported in a previous article.The Act introduces:new grounds for…
Michael Psaila
5th July 2020
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Malta’s Individual Investor Programme Update Immigration

Malta’s Individual Investor Programme Update

Malta Individual Investor Programme is reaching its cap.The Malta Individual Investor Programme Agency (MIIPA) will continue accepting applications for citizenship under the current Malta Individual Investor Programme Regulations until the 30th of September, 2020. Complete applications for residence will continue to be accepted up until the 31st of July, 2020.Those individuals who shall or may obtain, or have already obtained, a Maltese residence card, but do not manage to submit a citizenship application by the 30th of September, 2020, shall have their application considered under the new regulations, which the Maltese Government is still in the process of considering, and…
MamoTCV
8th June 2020
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Dispute Panel for Landlords and Tenants and an Update from Identity Malta Agency ImmigrationLitigation & Dispute Resolution

Dispute Panel for Landlords and Tenants and an Update from Identity Malta Agency

With the new Private Residential Leases Act in full force, a large number of new lease agreements have been signed over the past few months, all of which have to abide by the new laws set out by the previously mentioned Act. In fact, a survey has shown that over 10,000 new rental contracts have been entered into.Naturally, a number of disputes arise between landlords and tenants, resulting in numerous fees and time-consuming court proceedings. However, a new panel has been set up to help cater for certain disputes.The new adjudicating panel, made up of professionals in the sector, will…
Julian Fenech Adami
19th May 2020
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Duties of Directors of Financially Distressed Companies Corporate and M&ANews

Duties of Directors of Financially Distressed Companies

Professor Andrew Muscat, who heads the Corporate Law Department at the Firm, has published a series of articles in the Times of Malta dealing with the duties and liabilities of directors of a company experiencing financial difficulties. This subject is particularly relevant these days when several companies are finding themselves in a difficult position as a result of the Covid-19 worldwide pandemic. The first article in the series introduced the subject of directors' duties and the notion of insolvency (https://timesofmalta.com/articles/view/duties-and-liabilities-of-directors-of-companies-in-financial.786188 )The second article explored the statutory duties of directors, including those duties which, if breached, may constitute a criminal offence…
Andrew Muscat
22nd April 2020