Aug
03

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

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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 form...
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1201 Hits
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Jul
08

MFSA Reminder: Existing CSPs to Comply with new Rules by September

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This article was written by Dr Simon Pullicino , Dr Petra Attard , and Dr Laura Spiteri The Malta Financial Services Authority (' MFSA ') has issued a circular directed at authorised company service providers (' CSPs ') that were registered to provide CSP services prior to the entry into force of the new CSP rules . CSPs that offered CSP services on the date of entry of the new rules – 16 March 2021 – could only continue to offer such services if they applied for authorisation with the MFSA by the 16 May 2021. This application for authorisation resulted in the MFS...
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1395 Hits
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May
06

Navigating the new regulatory landscape for Company Service Providers – Part 2

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This article was written by  Dr. Simon Pullicino  & Dr. Laura Spiteri In this second instalment of our series 'Navigating the new regulatory landscape for Company Service Providers', we take a closer look at the application process for CSPs seeking regulatory authorisation, the appointment of key office holders and applicable exemptions to the new regime. Part 1 of this series can be accessed here . The Application Process Any person operating in or from Malta who acts, or holds himself out as acting as a CSP by way of its business is required t...
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1789 Hits
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May
04

Navigating the new regulatory landscape for Company Service Providers – Part 1

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This article was written by Dr Simon Pullicino, Dr Petra Attard and Dr Laura Spiteri Following the entry into force of the Company Service Providers (Amendment) Act 2020 (the " Amendments ") on 16 March, 2021 a number of significant amendments have been introduced to the local regulatory framework governing the provision of company services. The most notable amendments consist of the removal of previous exemptions available to warranted professionals and the end of the de minimis rule . The Amendments also introduce a classification system, assigning CSP...
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1892 Hits
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Apr
07

The inability to pay debts test before the Maltese Courts

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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") gr...
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2134 Hits
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