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Legal market overview
Malta’s reputation as a tax-efficient and commercially viable destination for business is longstanding, and has been augmented in recent years by financial services and relocation-friendly legislation. The country’s adoption of the euro in 2008 and its favourable regulatory regime have made it a natural choice for a range of investment funds, especially hedge funds and UCITS, seeking to take advantage of the beneficial passporting rights and investor protection offered by Maltese registration.
Strength in funds, and banking and finance more generally, is accordingly a core characteristic of the island’s three largest firms – Ganado Advocates, Fenech & Fenech Advocates, and Mamo TCV Advocates – with Ganado Advocates in particular standing out for its City-quality offering.
In a relatively quiet year on the transactional front, the island’s buoyant digital and gaming sectors provided a steady flow of work for most firms and, in the case of specialists such as WH Partners, accounted for the bulk of instructions. The advantages of Maltese registration for aircraft and ships contributed to a typically active year in those sectors.
Legal Business: country analysis
Breaking new ground – advisers hope shale revolution can restart CEE market
Weighed down by political unrest and slowing economies, energy and infra projects look like one area to be driving
the CEE economy. Can the shale revolution power up
Click here to read the feature.
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INSIGHT: Hard graft
the pan-Europe bribery crackdown
As European agencies turn up the heat on bribery and corruption, we team up with Simmons & Simmons to assess how clients are responding.
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In the years since the crisis, the financial services industry has faced a barrage of new rules - the Market in Financial Instruments Regulation (MiFIR), Securities Financing Transactions Regulation (SFTR), European Market Infrastructure Regulation (EMIR) to name a few.
Cyber security is a prominent issue on the EU’s digital agenda. Many governments and companies are vulnerable to cyber security threats.
On the 11th of April, 2016, ESMA published an opinion addressed to the European Parliament, Council and Commission (“Opinion ”) in which it proposed a common European framework for loan origination by investment funds and set out its view on the elements upon which the common European framework is proposed to be built.
An overview of Maltese law rules governing the banking of work hours
Until very recently the Swiss asset management industry relied exclusively on self-regulation and was allowed to operate and develop somewhat independently from European regulation. It is now confronted with major regulatory changes which will align Swiss laws and regulation with AIFMD and MIFID. Gone are the days where Swiss asset managers could be independent and unregulated. Swiss asset managers will now be subject to EU-like forms of authorisations and prudential supervision which will have a transformative impact on the Swiss asset management industry and bring additional costs, most notably compliance and operational costs, which will invariably adversely affect smaller independent asset managers.
AN OVERVIEW OF SEAFARER’S RIGHTS
As 2015 comes to a close, the e-commerce industry is expected to make €185.39 billion this year. In the EU, the average online shopper spends €970 yearly, and these numbers continue to grow annually. EU Directive 2011/83/EU details the rights of EU consumers when shopping online and was transposed into Maltese law through Legal Notice 439 of 2013.
The MFSA has today launched a consultation process on the transposition into Maltese law of Directive 2014/91/EU of the European Parliament and of the Council of 23 July 2014 which is known as UCITS V.
The AIFMD passport is currently only available to EU AIFMs and EU AIFs. However, AIFMD makes provision for access to the passport rights to be possibly extended to non-EU entities at a future date. Although the European Securities and Markets Authority (ESMA) just recommended this extension to managers and funds established in Jersey, Guernsey and, potentially, Switzerland, investment manager and funds set up in the US, Hong Kong and Singapore will not be granted the same right at the present time.
Whilst Malta’s history, sun and sea might be a good reason for tourists to come to the island, they are surely complementary but not the sole reasons to attract prospective e- commerce and gaming operators to Malta. Indeed, to the gaming and e- commerce world, Malta represents more than that.
Piracy and copyright infringements are on the increase. As such, it is all the more important to take appropriate measures to protect one’s trademarks and intellectual property.
On October 12, 2016, VEGAS LEX organized a workshop, Advertising in the pharmaceutical sector: risk matrix , for representatives of pharmaceutical companies, manufacturers of medical devices and dietary supplements.
No distinction is made between “Mac” and “Mc” for the purposes of trademark law. The General Court of the European Union (EGC) ruled that whether the syllable includes an “a” is of no great significance (Az.: T-518/13).
Anyone who includes false statements in their application documents risks having their employment contract terminated with immediate effect.
The renewable energy company OX2 has been retained to construct the Lehtirova wind farm generating 148 MW (41 wind power turbines) in Norrbotten. The customer is Aquila Capital. Foyen Advokatfirma assisted OX2 in the negotiations regarding the turbine supply agreement and the service agreement with the turbine supplier, Vestas. The partner in charge at Foyen was Jacob Hamilton.
Members of the truck cartel will have to pay a fine totaling approx. 2.9 billion euros, and things could become even more expensive if damages claims brought by clients follow.
The IFLR1000 2017 Financial and Corporate rankings were published on October 14, 2016. VEGAS LEX improved its positions in Project finance and Mergers and acquisitions. Chairman of the Board of Partners Albert Eganyan was noted as a leading lawyer in the Project finance category.
The inheritance tax reforms have still yet to be finalized. With the Bundesrat, the upper house of the German parliament, having blocked the draft legislation on July 8, no further decision is expected to be taken before the autumn.
In an action brought by CL Educate Limited, the company behind Career Launcher (popularly known as CL), India’s premier test prep institutions, the Delhi High Court has restrained competitor Think and Learn Pvt. Ltd. (popularly known as Byju’s) and its directors from infringing and misusing CL’s trademarks to lure prospective students into enrolling.
Early signs of the new shape of IP litigation under the Commercial Courts Act are being seen in the speed with which the Delhi High Court disposed of a suit filed by Tata Sons Ltd. on the second date of hearing, applying the ‘summary judgment’ provisions contained in this Act.