Nov
12

Garnishee Orders - Recent Amendments to the Code of Organisation and Civil Procedure Could Place Significant Administrative Burden on Banks

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This article was written by​ Dr Neeraj Bharwani and Dr Michael Psaila Act No. LXII of 2021 (the "Act") was published in the Government Gazette on the 29th October 2021 introducing several amendments to the provisions dealing with garnishee orders in the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta (the "COCP"). Briefly, the Act has extended the list of assets that cannot be subject to a garnishee order to include: (i)  Private pensions and pensions issued by foreign governments up to the amount established for the highest pension ...
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Nov
11

European Court of Human Rights Decides that Employee’s Dismissal was in Breach of the Right to Freedom of Expression

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This article was written by​ Dr Kirk Brincau and Mélusine Quercia In the case of Melike v. Turkey (Application No. 35786/19) decided on the 15th of September 2021 the European Court of Human Rights (hereinafter referred to as 'ECtHR') was tasked with deciding whether the applicant's dismissal from employment, which had been based entirely on her liking posts on social media, had breached her right to freedom of expression. The applicant, a cleaner, was an ex-employee of the Ministry of National Education in Turkey who was dismissed from her position by the discipl...
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Nov
04

The Coming into Force of the Investment Firms Regulation and Directive

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The Investment Firms Regulation and Directive (the "IFR/D Package" ) became applicable on the 26 th of June 2021 , introducing a new prudential framework applicable to investment firms. Before the introduction of the new prudential framework, investment firms were subject to the Capital Requirements Regulation and the Capital Requirements Directive. Investment firms must note that certain small firms will still be subject to the Capital Requirements Regulation (" CRR "). Furthermore, investment firms will still be subject to MiFIR and MiFID II irrespective of the ...
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Oct
31

Amendments to the Companies Act - Act No. LX of 2021

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This article was written by​ Dr Neeraj Bharwani,  Dr Martina Bonnici and Dr Andrea Theuma Act No. LX of 2021 (the "Act"), published in the Government Gazette on the 26 th October 2021 introduced several amendments to the Companies Act, Chapter 386 of the Laws of Malta (the "Principal Act"). These amendments primarily relate to qualifications for a person to be eligible to act as a director and new address requirements for companies and their officers. The Act allows for different dates to be established for different provisions in the Act to enter into force....
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Oct
15

Recent Court of Appeal Judgment Confirms Banking Practice of Charging of Commitment Fees

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This article was written by​ Dr Maria Lisa Buttigieg & Tessa Borg Bartolo ​ ​. A client of BNF Bank p.l.c. instituted proceedings before the Arbiter for Financial Services against the said Bank in order to obtain a refund on certain fees imposed by the Bank in relation to loan facilities granted by the Bank to the said client.The fees which the client requested a refund of consisted of relative processing fees, legal fees and commitment fees. The client in her complaint alleged that the fees were not clearly communicated to her and that the commitmen...
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