Nov
01

New Regulations on Protected Disability Trusts

New Regulations on Protected Disability Trusts
In virtue of the powers conferred by Article 57 (1) of the Trusts and Trustees Act, Chapter 331 of the Laws of Malta (hereinafter referred to as 'the Act'), the Minister of Finance, acting on the advice of the Malta Financial Services Authority (hereinafter referred to as 'the MFSA'), has recently promulgated the Trusts and Trustees Act (Protected Disability Trusts) Regulations (hereinafter referred to as 'the Regulations').  The Regulations were promulgated in virtue of Legal Notice 324 of 2016 and published on the Government Gazette on the 7 th of October 2...
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Jul
01

Merger of Mamo TCV Advocates and Simon Tortell & Associates

Merger of Mamo TCV Advocates and Simon Tortell & Associates
We are very happy to announce that the law firms of Mamo TCV Advocates and Simon Tortell & Associates are merging with effect from 1 July 2016. The newly merged law firm will continue to be known as Mamo TCV. As a consequence Mamo TCV will admit three new partners Michael Psaila, Frank Testa and Katya Tua. We are very excited about this development and are convinced that by combining the mutual strengths of the two firms and complementing its practice areas with additional expertise, Mamo TCV will be in a position to further grow its practice and provide its e...
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May
07

The Protection Of Human Rights In Competition Proceedings

The Protection Of Human Rights In Competition Proceedings
This article was written by Dr Richard Camilleri and Dr Annalies Azzopardi. MAMO TCV REPRESENTS APPLICANT IN LANDMARK CONSTITUTIONAL CASE REGARDING THE PROTECTION OF HUMAN RIGHTS IN COMPETITION PROCEEDINGS In a judgment handed down on 21 April 2015 in the names Federation of Estate Agents vs Direttur Ġenerali (Kompetizzjoni) et (application number 87/2013), the First Hall, Civil Court in its constitutional jurisdiction held that the procedures currently envisaged by the Competition Act (Cap. 379 of the laws of Malta) in the case of a breach of the competition rule...
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Mar
25

Damages in Maltese Intellectual Property Cases: A Brief Look at Article 12 of Chapter 488 of the Laws of Malta

Damages in Maltese Intellectual Property Cases: A Brief Look at Article 12 of Chapter 488 of the Laws of Malta
Introduction The Enforcement of Intellectual Property Rights (Regulation) Act, 2006  [ ​ 1] came into effect at the end of 2006   [2] and fully implements the provisions of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (the Directive). It is fair to say that Maltese practitioners took some time getting used to the broad implications of Chapter 488. It is also fair to say that even the Maltese Courts themselves initially seemed to exhibit trepidation in granting some ...
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Nov
08

Open-Ended Vs Closed-Ended AIFs

Open-Ended Vs Closed-Ended AIFs
​ Introduction A secure and stable financial system requires that all significant financial market actors are subject to appropriate regulation and supervision. Alternative Investment Fund Managers ('AIFMs') have grown to become very significant actors in the European financial system, managing a large quantity of assets on behalf of pension funds and other investors; accounting for a significant proportion of trading activity in financial markets; and constituting an important source of counterparty risk for other market participants. AIFMs have also contributed ...
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