May
06

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

News_Mamo
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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May
04

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

News_Mamo
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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Apr
29

Segregated Cells in Aviation and Shipping Companies

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Pursuant to amendments to the Companies Act , the Companies Act (Shipping and Aviation Cell Companies) Regulations (the "Regulations") allow for the incorporation of cell companies that conduct shipping or aviation business. The Regulations also allow for the conversion of an existing company that conducts shipping or aviation business into a cell company. To understand what is meant by shipping or aviation business, please click here . A cell company may create one or more cells within itself for the purposes of segregating and protecting cellular assets. Each ce...
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Apr
23

Has the CJEU Shut the Door on Climate Change Litigation?

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LEGAL BACKGROUND In recent years, numerous ecologists and environmental organisations have brought proceedings against national governments for their failure to reach the objectives contained in the 2015 Paris Agreement on combating climate change. That Agreement is unique for two reasons. First, it has been ratified by almost all countries in the world, representing over 95% of global greenhouse emissions. Secondly, it contains a specific climate target which our governments have promised to achieve. This consists in the maintenance of global temperatures to well...
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Apr
21

CJEU Confirms that Trade Union Strikes are not ‘Exceptional Circumstances’ for the Purposes of the Air Passenger Rights Regulation

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​ On the 23 rd March 2021, the Court of Justice of the European Union (CJEU) rendered a Grand Chamber decision on a preliminary reference transmitted to it by a Swedish tribunal in a matter concerning air passenger rights ( Airhelp Ltd v. Scandinavian Airline System SAS, c-28/20) . The decision sets out the legal test according to which a strike by workers of an airline undertaking may be considered to be an 'extraordinary circumstance' for the purposes of the compensation provisions of Regulation (EC) 261/2004 (the Air Passenger Rights Regulation). THE FACTS A pa...
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