Oct
17

Proposal to Reform the Rental Market

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This article was written by Dorita Cardona and Joshua Chircop. The Parliamentary Secretariat for Social Accommodation has published a White Paper proposing the setting up of a new regulatory framework (the 'Regulatory Framework') to reform the residential rental market in Malta, referred to as the private rented sector (the 'PRS'). Rationale The White Paper proposes providing both Landlords and Tenants with greater stability, flexibility, security, transparency and predictability in the long-term. There is a clear emphasis on creating a balance between Landlords a...
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Oct
12

Post-Brexit: Establishing a Higher Educational Institution in Malta

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  This article was written by Dr.Edmond Zammit Laferla, Dr.Dorita Cardona and Dr.Joshua Chircop. Following the decision of UK voters to exit from the European Union in 2016, several international schools and universities have been expressing interest in establishing higher educational institutions in Malta. Why Malta? The market for higher educational institutions in Malta has increased exponentially in recent years. The number of licensed entities is growing steadily. Malta is an EU member state and as such benefits from direct access to the EU single market...
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Oct
12

Extension for Reduced Rate of Stamp Duty on the Transfer of a Family Business

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The reduced rate of stamp duty applicable to the transfer of shares in a family business from 2% to 1.5% has been extended further until 31st December 2018, in accordance with Legal Notice 320 of 2018 entitled Duty on Donations of Marketable Securities and Immovable Property Used for Business (Exemption) (Amendment No.2) Order, 2018 which was announced on 9 October 2018. The reduction in stamp duty applies in relation to: the transfer of shares in a Maltese registered company and includes the transfer by means of donation by qualifying family members, which is def...
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Oct
12

The Malta Digital Innovation Authority issues guidelines on Resident Agents

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  The Malta Digital Innovation Authority ("MDIA") has issued the last consultation document on Chapter 4 of its Guidance Notes which is addressed toward resident agents. A resident agent refers to the resident agent defined in the Innovative Technology Arrangements and Services Act [1] ("ITAS"):ITAS provides that a person who makes an application to the MDIA for any form of recognition and who is not ordinarily resident in Malta is required to appoint a resident agent who is: A) Habitually resident in Malta; B) Not interdicted or incapacitated or is an undisc...
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Oct
10

Office for Competition Issues its First Commitments Decision: Exclusivity Agreements for Five Years or More Raise Competition Concerns

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This article was written by Dr. Annalies Muscat and Dr. Laura Spiteri. On the 29 May 2018, the Office for Competition ('the Office') issued a decision to accept commitments offered by St Edward's College and In Design (Malta) Limited. This appears to be the first commitments decision taken by the Office since the introduction of this procedure in 2011. The decision was taken under Article 12C(1) of the Competition Act ('the Act'), which states that where the Director General intends to adopt a decision requiring that an infringement be brought to an end and the un...
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