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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
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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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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.
Over the years Malta has evolved from a traditional, debtor friendly civil law jurisdiction into an increasingly financier friendly jurisdiction that offer many of the flexibilities typically associated with common law jurisdictions. These developments have been spurred by (and have spurred) the growth of the aviation and maritime industries in Malta, as well as the country’s emergence as a reputable financial services centre. This article provides an overview of the core Maltese legal concepts which are of interest to banks and other financial institutions lending money in or from Malta.
It is fair to say that AIFMD was not very well received by the Maltese burgeoning industry when it was first announced in April 2009. The initial draft appeared to have been drafted hastily and did not take into account certain characteristics of the local regulatory regime (such as the availability of self-managed fund structures) leading many to speculate that the Directive could disrupt the growth of the Maltese funds industry.Another issue that arose during regulatory gestation of the directive was the requirement for full scope AIFMs to appoint a single depositary for each AIF it manages, in the jurisdiction where the AIF is domiciled; a requirement which, due to the, at the time, limited depositary infrastructure could also have dampened growth.
Old Regime for Malta’s Taxation from Immovable property
An Eye for Innovation, Creativity & Excellence
As the first jurisdiction in the European Union (EU) that introduced regulated remote gaming, with an average of a hundred new applications a year and being the largest EU i-gaming jurisdiction, Malta's success in the i-gaming arena is undisputed. That said, 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 i-gaming operators. Indeed, to the i-gaming world, Malta represents more than that.
With the transposition of the Alternative Investment Fund Managers Directive (" AIFMD ") in the offing, analysis on the transformation and legal implications of such on the role of the Depositary as a key and core service provider to Alternative Investment Funds (" AIFs ") is significant, given the central function and responsibility this position was conferred within this industry.
Investment advice a kind of investment service which may be provided by an investment service provider licensed by the Malta Financial Services Authority (MFSA) under the Investment Services Act (ISA). With the exception of a category 4 licence holder.
The Alternative Investment Fund Managers Directive ("AIFMD" or "the Directive") has been in discussion since its announcement in April of 2009, but the detail of its implementation has, until fairly recently, been somewhat unclear. However, following the issuing of a number of consultation documents and other instruments there is now far more clarity on the subject. This article will seek to provide an overview of the various instruments by means of which the Directive is to be introduced into Maltese law and will also briefly touch upon the effect that these changes will have on the structure of Maltese funds legislation.
Benefits-Plaza offers an Employee Benefits platform for administration and communication relating to insurable employment conditions. By using this platform, insurers and brokers achieve efficiency, time and cost savings. Regardless of where the insured schemes are hosted, all arrangements can be managed in the platform, such as all types of pension schemes, group disability, absenteeism, accidents and medical expenses. Benefits-Plaza has years of experience and built up a strong position with leading clients, including Avéro Achmea, Allianz, Aegon, Delta Lloyd and Zwitserleven.- AKD
Employers ought not to rely on the rules of intestate succession but instead prepare a will. The law firm GRP Rainer has extensive experience in business succession planning.
Partner Emma Pitcher is quoted in World Intellectual Property Review’s (WIPR) feature about the “Trade in Counterfeit and Pirated Goods: Mapping the Economic Impact Findings” report released by the OECD and the European Union Intellectual Property Office.
Germany’s Federal Cartel Office, the Bundeskartellamt, has brought a close to the so-called “Schienenfall” (rail case) and imposed a fine amounting to millions of euros on a rail company for illegal price-fixing agreements.
The new regulation concerning European Union trade marks is set to come into force on March 23, 2016. What has hitherto been known as a Community trade mark will then become a European Union trade mark.
Kinanis Opens New Office in Shanghai China
The Internet of Things (IoT) refers to the communications network linking physical objects and allowing them to exchange information without the need for human intervention. It is expected that many new businesses will be set up to create and use IoT technology, introducing new companies to the telecommunications industry, alongside the many and varied existing participants.
Chambers & Partners has published the latest edition of its guide this month, and we are pleased to announce that Karanović & Nikolić has once again been included in its list of the best legal practices in the world.
RSPP and VEGAS LEX have discussed the consequences of the planned compulsory licensing of pharmaceuticals in the context of growing competition, antitrust regulation and other restrictions in the regulation of intellectual property rights at a roundtable with the participation of FAS Russia.
In a recent statement to the press, the Slovenian Minister of Economic Development and Technology, Zdravko Počivalšek, labelled the Serbian spas as great tourism potentials and 'undiscovered gems', before continuing to declare Slovenian interest for investing in them. According to him, this investment would not be purely financial, as it would also include the investment of Slovenian industry know-how in the process of developing and upgrading the spa offer in Serbia, as a response to emerging health trends and increasing spa vacation demands.