Nov
30

Transposition of the EU Whistleblower Directive into the Protection of the Whistleblower Act, Chapter 527 of the Laws of Malta

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This article was written by​ Dr Petra Attard and Dr Martina Bonnici The legislation currently regulating whistleblower protection in Malta is the Protection of the Whistleblower Act , Chapter 527 of the Laws of Malta (the ''Act ' ') which came into force on the 15 th September 2013. While the Whistleblowing Directive EU 2019/1937 (the "Directive") has not yet been transposed into Maltese law, Bill 249 of 2021, titled An Act to Amend the Protection of the Whistleblower Act (the "Amending Act"), published on the 15 th November 2021 seeks to amend the Act in order to...
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Nov
25

A Practical Approach towards a Sport Dispute

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This article was written by Dr Stephen Muscat and Dr Daniel Cutajar Sports and Contract Law go very much hand in hand. In most sports, athletes and their club are bound to each other by a contract. Contractual disputes often arise as honouring the contractual relationship is not always plain sailing. Specifically, in a footballer-football club relationship, a player normally signs a contract with a club for an agreed period, to train with the club and represent it in competitions, whilst in turn, receiving pecuniary compensation for it. However, it often occurs th...
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Nov
23

The Updated FATF Guidance for a Risk-Based Approach to Virtual Assets and Virtual Asset Service Providers.

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In 2019, the Financial Action Task Force ("FATF") adopted a Guidance for Risk-Based Approach to Virtual Assets ("VAs") and Virtual Asset Service Providers ("VASPs"). The purpose behind the Guidance was to help national authorities to comprehend and develop regulatory and supervisory responses to VAs activities or operations and VASPs, and to help private sector entities seeking to engage in VAs activities in comprehending their obligations with respect to anti-money laundering and countering the financing of terrorism ("AML/CFT") and how they can successfully comp...
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Nov
19

Court of Appeal Confirms that in pre-1995 Commercial Leases, if the Parties Agreed on Periodic Rent Increases, Such Increases are to Prevail over the Increases Contemplated in Article 1531D (1) and (2) of the Civil Code.

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​ On the 5 th November 2021, the Court of Appeal (Inferior Jurisdiction) delivered a judgment confirming a decision of the Rent Regulation Board in the case bearing reference number 29/2019/1 LM . The appellant is the owner of a commercial premises which is leased to the appealed party. The appellant acquired the premises in 2017 together with the lease which was already in place in favour of the appealed party. The appealed party had acquired the lease in 2004 by means of an agreement which established that the rent due amounted to LM 600 per year, which amount w...
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Nov
15

Court of Appeal Judgment Supports Bank’s Decision Not To Authorise Client To Withdraw Funds From His Account

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This article was written by​ Dr Maria Lisa Buttigieg & Tessa Borg Bartolo. In a recent decision delivered by the Court of Appeal in its Inferior Jurisdiction, the Court of Appeal overturned a decision delivered by the Arbiter for Financial Services concerning BNF Bank's decision not to authorize a client to withdraw funds from a bank account held in the client's name and this after the Bank was informed by the client that his mother, who was indicated as a debtor in a number of garnishee orders, was using his account to deposit her salary. Although the client ...
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