Feb
14

Brexit and Competition Law – The Way Forward

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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...
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Feb
07

MFSA issues Circular on Market Infrastructure Matters in relation to Brexit

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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 ("E...
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Nov
30

Insurance Brokers as Protected Cell Companies

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The continuous growth in popularity of the Protected Cell Company (PCC) structure in Malta is an ongoing trend. This is evidenced by the increase year on year since the legislation came into force in 2004 in the number of insurance undertakings being established as PCCs, reaching 16 as at the end of September 2019 with 55 approved protected cells. This success story is also noticeably emerging in the insurance intermediary sector. Taking advantage of the fact that the Maltese PCC legislation also extends to insurance managers and insurance brokers, Malta is experi...
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3176 Hits
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Nov
27

EIOPA publishes responses to the ‘Recommendations for the insurance sector in light of the United Kingdom withdrawing from the European Union’.

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On the 31 st October 2019, the European Insurance and Occupational Pensions Authority (EIOPA) issued the responses provided by the competent authorities of each individual member state in relation to the 'Recommendations for the insurance sector in light of the United Kingdom withdrawing from the European Union' which EIOPA had published on the 19 th February 2019 ("the EIOPA Recommendations"). In its response to EIOPA Recommendations, the Maltese financial services regulator, the Malta Financial Services Authority (MFSA), has indicated that it complies or will co...
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Sep
30

Update on the Maltese Temporary Permission Regime for UK Investment Firms and Fund Managers.

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On 24 September 2019 the Government of Malta issued three legal notices with respect to three Regulations, falling under the Investment Services Act, which are to be amended in order to cater for the event of a no-deal Brexit. This comes following a circular which was issued by the MFSA on 28 March 2019 that introduced the possibility of granting temporary permission to UK entities  1 already passporting into Malta. The three Regulations to be amended include the: i. European Passport Rights for Investment Firms Regulations; ii. Investment Services Act (UCITS...
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3191 Hits
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