Mamo TCV Advocates > Valletta, Malta > Firm Profile
Mamo TCV Advocates Offices
PALAZZO PIETRO STIGES
103 STRAIT STREET
VALLETTA VLT 1436
Malta
Mamo TCV Advocates > The Legal 500 Rankings
Malta > Aviation Tier 1
Mamo TCV Advocates' broad aviation practice fields expertise in asset finance, handling passenger and liability claims and the sale and purchase of aircraft, to name a few key areas of activity. Practice co-head Nicholas Valenzia specialises in asset management and finance issues, and is recognised for his experience in advising international credit institutions on the coordination of aircraft repossession procedures. Practice co-head Joseph Camilleri is the key name for contentious work. Senior associate Joshua Chircop is singled out for his contributions.Practice head(s):
Nicholas Valenzia; Joseph Camilleri
Other key lawyers:
Testimonials
‘Very warm and welcoming, yet professional.’
‘Impressed with the knowledge of the team, friendly environment and how easy is to work with them.’
‘Nicholas Valenzia and Joshua Chircop have always replied with very professional answers.’
‘Nicholas Valenzia and Joshua Chircop remain consistently engaged and responsive.’
‘Noted for the speed, efficiency and knowledge that the matter was dealt with. The team was always on time and professional.’
Malta > Dispute resolution Tier 1
Dispute resolution is a cornerstone area of expertise at Mamo TCV Advocates. The practice is home to a team of 'dedicated and experienced litigators', with an excellent track record in advising on high-value corporate and financial disputes and cross-border litigation. Joseph Camilleri, Frank Testa and Stephen Muscat are the key practitioners to note; Testa and Camilleri are well versed in handling real estate and construction arbitration, and Muscat brings expertise in advising on contractual and commercial litigation.Practice head(s):
Joseph Camilleri; Frank Testa; Stephen Muscat
Testimonials
‘They ensure you don’t feel like just a number and are quick to identify the best way to assist you, even if they’re in the midst of a hearing. A team of dedicated and experienced litigators who know the courts, judges, opponents and can guide clients to the best outcomes. ’
‘Frank Testa is innovative and experienced in equal measure.’
‘Partners and team members have diverse roles and specialisations making the firm extremely practical to do business with, and user-friendly. Fees are transparent and excellent value for money when compared to competitors.’
‘I work closest with Joseph Camilleri – he is always available, very adept at explaining complex legal terms and implications in a thorough yet understandable manner, making him very much respected and appreciated by my team members. Joe is always humble, respectful and well-mannered in even the most trying of situations, inspiring trust and respect also in court.’
Key clients
Futura Funds SICAV
Optimum Funds SICAV
Simonds Farsons Cisk
GO p.l.c.
Liquigas Malta Limited
Work highlights
- Acted for Raiffeisen Bank International SG in multi-jurisdictional litigation and recovery proceedings concerning a revolving credit line of €62,500,000.
Malta > Intellectual property Tier 1
Mamo TCV Advocates has seen an uptick in instructions relating to patent prosecution cases and Maltese and EU trade mark filings. Antoine Camilleri has expertise in advising on IP prosecution work, software and hardware contract agreements, licensing issues and data protection matters. Claude Micallef Grimaud acts for leading retail companies and brand owners in trade mark and copyright infringement cases, as well as anti-counterfeiting actions.Practice head(s):
Antoine Camilleri; Claude Micallef Grimaud
Testimonials
‘Small but strong team. Very much on top of cases. Good communication.’
‘The team is excellent. The service provided is highly qualified and managed to deliver very satisfactory work results even in the case of low budget constraints.Uncomplicated and more goal-oriented work than others. The billing team is very organized. ’
‘Claude Grimaud is a very pleasant contact who, in addition to his legal knowledge, also keeps an eye on the business challenges of his clients. He is extremely well connected throughout the region.’
Key clients
GO plc
Liquigas Malta Limited
BNF Bank (Malta) plc
Work highlights
- Defending a leading software company in a copyright infringement claim.
- Assisting an Asian chocolate and confectionery manufacturer with ongoing trade mark matters.
- Assisting a film and media production company with contract negotiations, location permits, and negotiating with distributors, concerning locations for filming in Malta.
Malta > Real estate Tier 1
Mamo TCV Advocates' real estate practice has established strength in advising on yacht marina projects, large-scale and mixed-use real estate developments, and historic buildings. Frank Testa handles hotel and hospitality-related sales and acquisitions; he co-heads the practice with Joseph Camilleri, who brings expertise in advising on real estate contracts, commercial leasing and property conveyancing, and litigator Joseph Borg Bartolo.Practice head(s):
Joseph Borg Bartolo; Joseph Camilleri; Frank Testa
Testimonials
‘The individuals provide exceptional assistance. Very easy to get in touch, fast response and vast knowledge within the firm.’
‘They ensure you don’t feel like just a number and are quick to identify the best way to assist you.’
Malta > Banking, finance and capital markets Tier 2
The team at Mamo TCV Advocates is particularly recommended for assisting lenders and borrowers with syndicated loan transactions, often with international elements, and is also adept at advising local credit institutions on corporate and project finance. Andrew Muscat
and Michael Psaila are the key contacts.
Practice head(s):
Andrew Muscat; Michael Psaila
Testimonials
‘Legal services are provided in a meticulous manner and in a very in-depth form. This is provided effectively thanks to the professionals’ legal background and experience.’
‘The practitioners at the firm provide tailor-made advice.’
‘We work primarily with Andrew Muscat. He is someone who inspires confident, based on his knowledge, availability and politeness.’
Key clients
GO p.l.c.
BMIT Technologies p.l.c.
Trident Estates p.l.c.
Simonds Farsons Cisk p.l.c.
Malta Properties Company p.l.c.
Central Business Centres p.l.c.
Depositor Compensation Scheme
St. Anthony Co. p.l.c.
Steward Healthcare
BNF Bank (Malta) plc
HSBC Bank Malta plc
FCM Bank Malta Limited
Novum Bank Ltd
APS Bank plc
Truevo Payments Limited
Aristocrat Technologies, Inc
Alteris Financial Group & Commencer Group
Proximus NV/SA
Baxter International, Inc.
BF Capital. IPM Group and Mr. Alexis Murphy
Work highlights
- Advised VGW Group on a $150,000,000 loan credit agreement entered into by VGW Luckyland Inc. (as borrower), VGW Holdings Limited with Brigade Agency Services LLC (as administrative agent, collateral agent and security trustee).
- Advised Alteris and Commencer on a convertible loan agreement entered into with the Genesis Global group.
Malta > Commercial, corporate and M&A Tier 2
At Mamo TCV Advocates, the corporate team is 'extremely knowledgeable and knows how to get things done'. Senior partner Andrew Muscat is a highly regarded practitioner, with established strength in handling M&A transactions, corporate restructurings and the setting up of businesses. Muscat co-heads the practice with Michael Psaila, who is active on domestic M&A transactions in the TMT sector.
Practice head(s):
Andrew Muscat; Michael Psaila
Testimonials
‘The team is extremely knowledgeable and knows how to get things done.’
‘The company has established a very good relationship with the key people in the firm and the service they offer is always very prompt and efficient. Their strength is in the great communication, skills, and application of the law.’
‘Key people have always proven to be very efficient and prompt with the advice and very available.’
‘Michael Psaila knows his stuff and is very knowledgeable of his sector.’
Key clients
Steward Health Care
GO p.l.c.
BCRS Malta Ltd.
Aristocrat Technologies, Inc.
SR Technics Switzerland AG
AX Group p.l.c.
Bet-at-home.com Group
Work highlights
- Advised Aristocrat Technologies on the 100% acquisition of NeoGames S.A. and all of its subsidiaries.
- Advising GO p.l.c. on the sale of its telecom tower portfolio to BMIT Technologies p.l.c. and acquisition of a majority stake in Cybersift Holdings Limited.
- Assisting Baxter on Maltese legal issues in relation to the spinoff of its RenalCare and Acute Therapies business.
Malta > Investment funds Tier 2
Katya Tua heads up the practice at Mamo TCV Advocates, which has a solid track record in advising on the structuring and licensing of alternative investment funds, professional investor funds and open-end and closed-end funds. The team is also adept at handling EU regulatory issues and passporting UCITS funds in or out of Malta.Practice head(s):
Katya Tua
Key clients
Pamplona PE Investment Malta Limited (Investment Manager Licensed by the MFSA as AIFM)
Woodman Funds SICAV plc
Lombard Capital Asset Management Ltd
ACL Fund SICAV plc
Work highlights
- Advised an Alternative Investment Fund Manager licensed in Malta on regulatory matters.
- Assisted a fund with changing a licence from an Alternative Investment Fund to a Maltese Professional Investor Fund, as well as advising on the NPIF regime.
- Assisted a MifID entity with updating its MiFID licence for the purpose of trading derivatives.
Malta > Shipping Tier 2
At Mamo TCV Advocates, the 'outstanding' team is led by Nicholas Valenzia, 'a top tier lawyer' in the shipping arena. Valenzia is well versed in assisting with corporate and tax issues pertaining to vessels and superyachts, and has a solid track record in handling vessel repossession procedures on behalf of international credit institutions.Practice head(s):
Nicholas Valenzia
Testimonials
‘The team are very friendly, helpful and knowledgeable with very good contacts with the relevant authorities.’
‘The individuals I work with are very helpful suggesting alternatives in order to succeed in our goals and business needs.’
‘Nick Valenzia is the go to guy in yachting matters.’
‘The Shipping team of Mamo TCV is outstanding and provides effective, viable and commercially oriented assistance in all different matters of shipping law. Particular attention is devoted to find the most tailored solution in the exclusive interest of clients. Flexible rates are agreed with clients to meet their needs and expectations.’
‘Nicholas Valenzia is a top tier lawyer and leads the department with attention and accuracy. Nicholas is committed to the matters and is able to deal with the different matters personally in a timely and effective manner. He succeeds in creating strong relationships with clients and correspondents lawyers.’
Malta > Fintech Tier 3
Katya Tua is at the helm of Mamo TCV Advocates' practice, which has a particularly strong reputation for advising on fintech regulatory compliance work, as well as assisting with licensing and corporate issues.Practice head(s):
Katya Tua
Work highlights
- Advising a number of clients on legal and regulatory issues pertaining to activities under the Virtual Financial Asset Framework and the MiCA Regulation.
Mamo TCV Advocates > Firm Profile
The firm: Mamo TCV Advocates is one of Malta’s leading law firms, with significant depth and expertise across a broad range of practice areas. As an integrated corporate and commercial legal practice, the service delivery is the firm’s pride. The team always strives to exceed the expectations of clients by providing expert advice and legal insight.
With a team of over fifty lawyers and professionals from other disciplines, the firm is confident of the ability to continuously act as a point of reference for the clients.
Over the years the firm has built strong relationships with its clients and will remain committed to supporting them at all times as they face complex business and legal issues as well as trying to adapt to changing markets and regulatory landscapes.
The firm’s broad range of expertise, client relationships, sector-specific knowledge and the quality of its people, is what makes the firm a unique proposition to clients.
Over recent years Mamo TCV has been top ranked by The Legal 500, IFLR 1000, Martindale-Hubbell, Chambers Global and Chambers Europe.
A fast-changing and inter-connected world requires fresh thinking combined with proven experience. That’s what the team at Mamo TCV provides to each and every client. Mamo TCV has assisted clients in complex transactions and has become the preferred correspondent in Malta for some of Europe’s largest legal firms. The firm is highly connected within a global network of lawyers giving access to global expertise.
The world continues to change at a fast pace. Whether change brings about new opportunities, additional risk or even challenges, the team at Mamo TCV is always ready to support and guide clients throughout the process.
Areas of practice: Mamo TCV is retained by a number of clients, including private and institutional investors, financial institutions, governments and public authorities, on a wide range of matters with a special focus on company law issues, mergers and takeovers, investment services, aviation and shipping, intellectual property, employment, expatriates and permanent residence, banking and finance, insurance, conveyancing of property, franchising including licensing, distributorship and agency agreements, syndicated loans and refinancing facilities, immigration matters, litigation and general commercial matters. The firm is also the preferred correspondent in Malta for various leading international law firms based in Europe, particularly those operating out of the UK.
Main Contacts
| Department | Name | Telephone | |
|---|---|---|---|
| Aviation | Dr. Nicholas Valenzia | nicholas.valenzia@mamotcv.com | +356 2540 3000 |
| Banking and finance | Prof. Andrew Muscat | andrew.muscat@mamotcv.com | +356 2540 3000 |
| Capital markets | Dr. Michael Psaila | michael.psaila@mamotcv.com | +356 2540 3000 |
| Competition | Dr. Michael Psaila | michael.psaila@mamotcv.com | +356 2540 3000 |
| Corporate and commercial | Prof. Andrew Muscat | andrew.muscat@mamotcv.com | +356 2540 3000 |
| Employment and labour | Dr. Frank Testa | frank.testa@mamotcv.com | +356 2540 3000 |
| Energy and resources | Dr. Joseph Camilleri | joseph.camilleri@mamotcv.com | +356 2540 3000 |
| Trusts, foundations and wealth management | Dr. Joseph Borg Bartolo | jbb@mamotcv.com | +356 2540 3000 |
| Gaming and betting | Dr. Michael Psaila | michael.psaila@mamotcv.com | +356 2540 3000 |
| Insurance and reinsurance | Dr. Edmond Zammit Laferla | edmond.zammitlaferla@mamotcv.com | +356 2540 3000 |
| Intellectual property and anti-counterfeiting | Dr. Antoine Camilleri | antoine.camilleri@mamotcv.com | +356 2540 3000 |
| Investment services and funds | Dr. Katya Tua | katya.tua@mamotcv.com | +356 2540 3000 |
| Litigation and dispute resolution | Dr. Joseph Camilleri | joseph.camilleri@mamotcv.com | +356 2540 3000 |
| Mergers and acquisitions, insolvency | Prof. Andrew Muscat | andrew.muscat@mamotcv.com | +356 2540 3000 |
| Planning and environment | Dr. Frank Testa | frank.testa@mamotcv.com | +356 2540 3000 |
| Procurement and state aid | Dr. Joseph Camilleri | joseph.camilleri@mamotcv.com | +356 2540 3000 |
| Real estate and construction | Dr. Frank Testa | frank.testa@mamotcv.com | +356 2540 3000 |
| Shipping and yachting | Dr. Nicholas Valenzia | nicholas.valenzia@mamotcv.com | +356 2540 3000 |
| Telecoms, media and technology | Dr. Claude Micallef Grimaud | claude.micallefgrimaud@mamotcv.com | +356 2540 3000 |
| Tourism, leisure and hospitality | Dr. Stephen Muscat | stephen.muscat@mamotcv.com | +356 2540 3000 |
| Communications and IT | Dr. Claude Micallef Grimaud | claude.micallefgrimaud@mamotcv.com | +356 2540 3000 |
| EU law | Dr. Michael Psaila | michael.psaila@mamotcv.com | +356 2540 3000 |
| Infrastructure | Dr. Frank Testa | frank.testa@mamotcv.com | +356 2540 3000 |
| Energy | Dr. Joseph Camilleri | joseph.camilleri@mamotcv.com | +356 2540 3000 |
| Environment Law | Dr. Michael Psaila | michael.psaila@mamotcv.com | +356 2540 3000 |
| FinTech | Dr. Katya Tua | katya.tua@mamotcv.com | +356 2540 3000 |
Lawyer Profiles
Staff Figures
Number of lawyers : 46Languages
English French Italian Maltese SpanishOther
Primary Contact : Joseph Borg Bartolo - Managing PartnerPress Releases
Joe Borg Bartolo Appointed Managing Partner at Mamo TCV Advocates
26th February 2024 Mamo TCV Advocates is pleased to announce the appointment of Dr Joe Borg Bartolo as the Managing Partner of the firm with effect from 1st January 2024.Extension of Consultation Period
2nd May 2019The MFSA has notified industry participants and interested parties that the Consultation period for the Guidance on Cybersecurity, issued on the 8 February 2019, has been extended to Monday 25 March 2019.
Legal Developments
UK CFC rules in breach of Article 107 TFEU
3rd May 2019On the 2nd April 2019 the European Commission concluded its high-profile investigation into a UK tax scheme for the intra-group financing of multinationals. The investigation was opened in October 2017 and is a way of ensuring that all companies "pay their fair share of tax".
Artificial Intelligence: Some of the Challenges Ahead
3rd May 2019 AI promises to dominate the news in 2019. This article highlights some of the challenges ahead.Can an Employee Appeal from the Amount of Compensation Established by the Industrial Tribunal?
3rd May 2019 Wide interpretation given by the Court of Appeal to the right of appeal on a point of law in unfair dismissal casesIncrease in Annual Leave and Minimum Wage
3rd May 2019 News Update: Increase in Annual Leave and Minimum WageSuspended Legal Notices Come into Force with Some Amendments
3rd May 2019 Employment Law UpdateEuropean Union Blockchain Observatory and Forum Publishes its First Thematic Report
3rd May 2019 European Union Blockchain Observatory and Forum publishes its first thematic report.Which GDPR Rules Led to Google Being Fined 50 Million Euros?
3rd May 2019 Google has just been fined 50 million euros by France’s data protection watchdog. Read our article to find out why.Beware of ‘Positive Discriminatory’ Measures
3rd May 2019 Court of Justice of the European Union slams a provision of Austrian law.Significant Number of Personal Data Breaches Reported to the Maltese Supervisory Authority Post GDPR
3rd May 2019 There have been more than 100 personal data breaches notified to the Maltese IDPC post GDPR. 17 GDPR fines have been imposed. Click below to learn more about the situation across the EU.Articles of the Customs Ordinance and Excise Duty Act Declared Unconstitutional
3rd May 2019 First Hall Civil Court (Constitutional Jurisdiction) finds articles of the Customs Ordinance and Excise Duty Act in breach of human rights.A1-P1 Cases Decided by the ECtHR in February 2019
3rd May 2019 Human Rights Legal UpdateMalta: The Ultimate AI Launchpad
3rd May 2019 The Maltese government has launched its AI Strategy for public consultation, in which it declares its intentions to establish Malta as “amongst the top 10 nations with the highest impact national AI programme.”General Good Provisions applicable to European insurance undertakings passporting in Malta.
3rd May 2019 MFSA Issues Note for Information on the General Good Provisions Applicable to European Insurance Undertakings Passporting in MaltaEP Approves New Draft Law for Union Whistleblowers
3rd May 2019On the 16th April 2019 the European Parliament approved new rules on the disclosure of information regarding illegal, fraudulent or harmful activities acquired in a work-related context
Jurisdiction of the Industrial Tribunal in the Case of Fixed Term Contracts Successfully Challenged
3rd May 2019 Employment Law UpdateCJEU: Change in ownership of company renders purchaser liable for anti-competitive behaviour
2nd May 2019 Buyer beware: purchasing a company may render you liable in damages for breach of the competition rules committed by the purchased company.Commission Seeks Feedback on Commitments Offered by Visa and Mastercard.
2nd May 2019 Commitments offered by Visa and Mastercard on interchange fees being scrutinised by the European Commission.Update to the Circular addressed to Credit Institutions on the imposition of negative interest rates
2nd May 2019 News Update: Update to the Circular addressed to Credit Institutions on the imposition of negative interest rates on euro denominated depositsEU Adopts Regulation Prohibiting Geo-Blocking
2nd May 2019 The EU has adopted a new Regulation prohibiting unjustified geo-blocking, effective from 3 December 2018.Merchant Shipping Directorate issues Non-Convention Vessel Code
2nd May 2019 Merchant Shipping Directorate issues Non-Convention Vessel Code.Amendments to the Maritime Labour Convention, 2006
2nd May 2019Amendments to the Maritime Labour Convention
Amendments to the Family Business Act Come Into Force
2nd May 2019 Changes to the Family Business Act provide further clarity on the status of family businesses established in Malta.Regulations to Aid Undertakings Providing Professional Training to Employees
2nd May 2019 Financial aid to undertakings which train their employees.MasterCard Fined €570 Million for Breaching Competition Rules
2nd May 2019 European Commission fines MasterCard €570 million for its anti-competitive conduct in setting inter-regional interchange fees.EU Company Law to be Adapted to the Digital Era
2nd May 2019 The EU has announced a draft directive to facilitate company formations and other company matters entirely online.Regulations to Relieve Stamp Duty on Transfers of Business Property
2nd May 2019 Stamp Duty relief relating to transfers of business property extended to 31st December 2019.New Regulations on the Importation of Plant Material from Foreign Countries
2nd May 2019 Obligation to notify authorities introduced.Employee Share Schemes
2nd May 2019Employee Share Schemes.
Employee share schemes have not been as widely used in Malta as they have in some of our European neighbours. However, in general, companies use employee share schemes to attract, retain and reward talent by offering their employees a share in the success they help to create in the company. They provide a form of cash free reward and/or remuneration for employers as well as align the interests of employees with those of the company's shareholders to enhance performance and the company's success.
Establishment of Land Registration Agency
2nd May 2019 A new agency has been established to carry out the functions and duties of public administration in relation to land and condominium registration.EU Regime on Greener Ship Recycling Enters into Force
2nd May 2019 EU Regime on Greener Ship Recycling enters into force.ESMA update in the event of a no-deal Brexit.
2nd May 2019 Precautionary Measures Adopted by ESMA and Other EU Securities Regulators in the Case of a No-Deal Brexit ScenarioEuropean Parliament Adopts a Resolution on the Restitution of Plundered Artwork
2nd May 2019 A potential new law on plundered art and cultural artefacts.Cartel Leniency and Non-Cartel Cooperation Tool Taken Online
2nd May 2019 European Commission Launches Online Cartel Leniency Tool.Extension of Consultation Period
2nd May 2019 Maltese law allows for the continuation of foreign foundations and associations in Malta.European Commission Issues Public Consultation on the Vertical Block Exemption Regulation
2nd May 2019 The European Commission is evaluating the Block Exemption Regulation. Read more about it here.Government Surveillance – Watchful Protector or Immoral Spy?
14th November 2018European Court of Human Rights finds that UK government breached the right to privacy of virtually all UK citizens due to government mass surveillance systems which intercepted tremendous amounts of data via citizens’ communications.
Extension for Reduced Rate of Stamp Duty on the Transfer of a Family Business
14th November 2018Extension on the reduced rate of duty for family business transfers.
The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali
13th November 2018The Implications of the Constitutional Court Decision in Thake v Kummissjoni Elettorali on the Proposed Amendments to the Competition Act and Other Related Legislation
Utmost Good Faith in Insurance Contracts
13th November 2018The principle of utmost good faith in insurance contracts applies not only at the moment of conclusion of the contract but also throughout the course of the performance of such contract.
Unfair Trading Practices in the Food Industry
13th November 2018European Commission issues a proposal for a Directive on unfair trading practices to tackle power imbalances in business-to-business relationships in the food supply chain.
Foundations and Cryptos
13th November 2018Maltese foundations can be used to issue tokens and carry out trading activities resulting from such operations.
Virtual Financial Asset Act and Innovative Technology Arrangements and Services Act
13th November 2018The Virtual Financial Asset Act and the Innovative Technology Arrangement and Services Act to come into force in Malta on the 1st November 2018.
The Malta Digital Innovation Authority to issue a set of guidance notes
13th November 2018The Malta Digital Innovation Authority to issue a set of guidance notes aimed at assisting service providers and innovative technology arrangements applicants.
Proposal to Establish New Building and Construction Regulator
13th November 2018A White Paper has been published proposing the setting up of a new regulator to consolidate the building and construction industry.
Court of Appeal Criticises Industrial Tribunal in a Transfer of Business Case
13th November 2018Recent decision of the Court of Appeal regarding transfer of business.
Tower Crane Passing over Airspace Owned by a Third Party
13th November 2018The passing of a tower crane over third party airspace is an invasion of such party’s airspace but it is not necessarily prohibited.
The Malta Digital Innovation Authority issues guidelines on Resident Agents
13th November 2018The MDIA issues a consultation paper on guidelines applicable to resident agents.
Proposal to Reform the Rental Market
13th November 2018A White Paper has been published proposing a reform of the residential rental market in Malta.
Court Considers Public Policy and Public Security Restrictions to Right of Freedom of Movement of EU
13th November 2018European Union national previously convicted for trafficking drugs challenges freedom of movement restrictions imposed on him by Maltese authorities.
Cases of a Criminal Nature have to be Heard by a Court at Every Stage of the Proceedings
12th November 2018Cases of a criminal nature, including cases where an administrative penalty which has a deterrent or punitive effect is imposed, should be heard by a court at every stage of the proceedings.
Office for Competition Issues its First Commitments Decision
12th November 2018The Office for Competition has adopted what appears to be its first commitments decision, in a case where it raised concerns about exclusivity agreements lasting for five years or more.
Ico Imposes Eur224,000 Fine For ‘bcc’/’cc’/’to’ Blunder
10th October 2018In imposing the significant fine as a result of the data breach, the UK’s ICO found, among other things, that the IICSA (which erroneously sent a bulk email using the ‘TO’ field instead of the ‘BCC’ field) failed to make use of an email account that could send separate messages to each participant and also failed to provide its staff with appropriate training and guidance.
MFSA issues consultation paper with the Financial Services Industry
10th October 2018MFSA issues consultation with the financial services industry regarding VFA Regulations to be issued under the VFA Act.
DLT Exchanges Under the Newly Enacted VFA Act
10th October 2018Malta approves legislation regulating crypto exchanges.
Malta Approves Crypto Acts and Creates A Regulated Framework for ICOs and Exchanges
10th October 2018Malta publishes legislation regulating ICOs.
The MFSA publishes Financial Instrument Test
10th October 2018Step aside Howey Test, here comes the Financial Instrument Test!
Amendments to Housing (Decontrol) Ordinance (Chapter 158 of the Laws of Malta)
10th October 2018Amendments to Chapter 158 were introduced by Act No. XXVII of 2018. The amendments affect the leases created by virtue of a previous title of emphyteusis or sub-emphyteusis which commenced before the 1st June 1995 through the application of article 5, 12, or 12A of Chapter 158.
Unconventional Trademarks Post-KitKat:
10th October 2018Nestle’s ongoing campaign to secure trademark protection over the shape of their famous four-fingered KitKat bar suffered a major blow last July after their loss at the EU Court of Justice to American confectionary giant Mondelez International in the ultimate clash of the confectionary titans. But does Nestle’s loss really signal the end of the unconventional EU trademark?
The Uniformity of ‘Energy Labels’ under EU Law
10th October 2018The Uniformity of Energy Labels on Electric Products.
Of Annual Leave, Payslips, Transfers of Business and Temporary Agency Workers
4th October 2018Four employment-related Legal Notices came into force on the 10th of August 2018.
Analysing the major amendments to be brought about by The Fifth Anti-Money Laundering Directive
4th October 2018Analysing the major amendments to be brought about by The Fifth Anti-Money Laundering Directive
Copyright and Freely Accessible Photos: The Implications for Website Operators & Social Media Users
4th October 2018Copyright and Freely Accessible Photos: The Implications for Website Operators and Social Media Users.
Proposed Amendments to the Competition Act and the Consumer Affairs Act
2nd October 2018Government launches public consultation on amendments to the Competition Act and the Consumer Affairs Act.
Maltese Parliament has unanimously approved second reading of all three Cryptocurrency/Blockchain/DL
22nd August 2018Maltese Parliament unanimously approves second reading of all three Crypto-currency Bills.
Publication of the Insurance Distribution Act and Insurance Distribution Rules
22nd August 2018The Insurance Distribution Rules published by the MFSA come into force as of 1st October 2018.
Employees Beware of What You Post on Facebook!
28th June 2018The Italian highest court decides termination of employment was lawful after employee posts disparaging remarks about her employer.
The CJEU Pronounces Itself on Christian Louboutin’s Famous Red Sole
28th June 2018 The CJEU has added a new chapter to a long saga of jurisprudence concerning one of the most well-known trademarks in IP circles worldwide. The decision marks a new victory for world-famous designer Christian Louboutin in his ongoing international struggle for trademark protection over his “red sole” mark in the market for high-heeled shoes.Harsher Penalties Introduced for Harassment and Victimisation at Work
22nd June 2018Amendments to the Employment and Industrial Relations Act introduced by Act XIII of 2018.
EIOPA Opinion on the solvency position of insurers and reinsurers in the light of Brexit
22nd June 2018EIOPA issues an Opinion on the solvency position of insurers and reinsurers in the light of Brexit.
The European Commission proposes to amend the Motor Insurance Directive
22nd June 2018The European Commission proposes to strengthen EU rules on motor insurance to better protect victims of motor vehicle accidents and improve the rights of insurance policyholders.
The Virtual Financial Assets Act and the legal framework for Virtual Financial Asset Exchanges
4th June 2018Second Reading in Parliament for Blockchain Bills: The Virtual Financial Assets Act and the legal framework for Virtual Financial Asset Excha
The Virtual Financial Assets Act and the legal framework for ICO’s
4th June 2018Second Reading in Parliament for Blockchain Bills: The Virtual Financial Assets Act and the legal framework for ICO’s
Second Reading in Parliament for Blockchain Bills: The Malta Digital Innovation Authority Act
1st June 2018Second Reading in Parliament for Blockchain Bills: The Malta Digital Innovation Authority Act
The Innovative Technology Arrangements and Services Act
1st June 2018Second Reading in Parliament for Blockchain Bills: The Innovative Technology Arrangements and Services Act
Positive Update on EU Trademark and Industrial Design Rights Post-Brexit
25th April 2018The UK government has published an updated Draft Withdrawal Agreement, highlighting consensus on the future of existing EU IP rights in the UK.
MGA launches guidance on DLT and VC use through sandbox approach.
25th April 2018Malta Gaming Authority on the use of Distributed Ledger Technology and on the acceptance of Virtual Currencies in the remote gaming industry.
Employer files counter-claim against ex-employee seeking damages
25th April 2018Court decides on issue of jurisdiction.
Sub-Letting of Commercial Tenements After 31st May 2018 – Let it Be!
25th April 2018Proposed amendments being discussed in Parliament aimed at providing sub-lessees of commercial premises, whose sub-lease is going to end on 31st May 2018 by operation of law, with an option to demand the Rent Regulation Board to allow them to continue the sub-lease under revised conditions reflecting market conditions for a maximum period of 10 years.
Silence is Golden: Holding the Breach on Free Speech with Trade Secret Law on the Horizon
25th April 2018“EU Directive 2016/943 on the protection of undisclosed know-how and business information” is coming soon to a legislature near you. If you didn’t know (or care) until now, here are a few reasons why you should.
Does ‘on-call’ time qualify as ‘working time?
6th April 2018In a recent judgment, Ville de Nivelles v Rudy Matzak,decided on the 21st February 2018, the Court of Justice of the European Union tackled the issue of 'working time' in terms of Directive 2003/88/EC concerning certain aspects of the organisation of working time, and provided guidance as to when being on-call must be considered as 'working time' within the meaning of the Directive, even if the worker is at home.
SEC and CFTC hearing on Blockchain and Distributed Ledger Technology
3rd April 2018Earlier this month the United States Committee on Banking, Housing, and Urban Affairs met in open session to conduct a hearing entitled 'Virtual Currencies:
Sub-Letting of Commercial Tenements After 31st May 2018 – Let it Be!
3rd April 2018In terms of article 1531I of the Civil Code, as introduced by the amendments to the rent laws in 2009, a lease of commercial premises made before the 1st June 1995 shall terminate on 31st May 2028, unless a specific period has been stipulated in a contract and subject to the other specific provisions contained in this provision as may be applicable in a given case.
Amendments to the Guidelines regarding VAT treatment of Yacht Leasing
3rd April 2018The Commissioner for Revenue has recently published an amended version of the Guidelines regarding the VAT treatment of Yacht Leasing in Malta.
Postponement of the applicability of the Insurance Distribution Directive
3rd April 2018On 14 March 2018, the European Parliament and the Council of the European Union adopted Directive 2018/411 postponing the application of the Insurance Distribution Directive ('IDD') to 1 October 2018.
Keep Track of the Latest WP29 Guidelines & Opinions Relating to the GDPR
3rd April 2018Keep Track of the Latest WP29 Guidelines & Opinions Relating to the GDPR by Visiting Mamo TCV’s Dedicated GDPR Microsite.
Binance, largest crypto currency exchange announces move to Malta
3rd April 2018Cryptocurrency exchange Binance, one of the world's largest cryptocurrency exchanges by trade value, is to set up offices in Malta as was announced by Chief Executive Officer Zhao Changpeng.
European Commission gives nod of approval to the Maltese Tonnage Tax Scheme
3rd April 2018The European Commission has approved the revised Maltese tonnage tax scheme (exemption) under EU State rules for a period of 10 years, after an investigation and review lasting more than five years.
EU Commission Notices to Stakeholders
3rd April 2018On the 8 February 2018, the EU Commission issued two Notices to Stakeholders in connection with the withdrawal of the United Kingdom from the EU, titled "Withdrawal of the United Kingdom and EU rules in the Field of Banking and Payment Services" and "Withdrawal of the United Kingdom and EU rules in the field of Post-Trade Financial Services" respectively.
Regulatory framework in Malta on Blockchain, Distributed Ledger Technology & Virtual Currencies
3rd April 2018The Parliamentary Secretary for Financial Services, Digital Economy and Innovation has issued a public consultation document on the 17th February 2018 regulating the proposed establishment of an Authority to be known as the Malta Digital Innovation Authority ('MDIA'),
Social Networks: When are you a consumer?
3rd April 2018In Case C-498/16 Maximilian Schrems v Facebook Ireland Limited (nyr, 25 January 2018), the Court of Justice of the European Union (CJEU) had to decide when an individual who uses a social network for different purposes qualifies as a consumer.
What Can You Legally “Watch Free Online” and When?
6th March 2018Putlocker. BitTorrent. PirateBay. Napster. Mediafire.
Ring any bells?
We'll bet they do.
UBO Registry: New Reporting Requirements for Companies and Trusts
22nd February 2018New reporting requirements under the Companies Act (Register of Beneficial Owners) Regulations and the Trusts and Trustees Act (Register of Beneficial Owners) Regulations.
Sexual Harassment and Discrimination at the Forefront of the News
13th February 2018Are employers sufficiently aware of their obligations?
A More Poignant New Year than Usual for French Winemakers After CJEU Ruling on “Champagner Sorbet?
13th February 2018A recent court judgment of the CJEU on the use of the term “Champagne” might have broader implications for protected geographical indications in other agricultural sectors.
MFSA launches Supplementary Licence applicable to Investor Funds investing in Virtual Currencies.
13th February 2018The Malta Financial Services Authority launches Supplementary Licence Conditions applicable to Professional Investor Funds investing in Virtual Currencies.
The importance (or otherwise) of disciplinary proceedings in dismissal cases
13th February 2018Decision by the Court of Appeal stresses the importance of examining substance over form.
The Maintenance of Roofs, Floors & Ceilings under Maltese Law
15th January 2018The continuous urbanization and gentrification of the Maltese landscape has augmented the importance of maintaining well-regulated neighbourly relations among residents living in densely populated areas of the Island.
MFSA – Discussion Paper on Initial Coin Offerings, Virtual Currencies and Related Service Providers
15th January 2018The Malta Financial Services Authority launches a Discussion Paper on Initial Coin Offerings, Virtual Currencies and Related Service Providers.
Protection of Employment for those on a minimum wage.
15th January 2018In April of last year, mandatory supplements were introduced for those earning the minimum wage, (and for those who earn slightly more than the minimum wage but less than the new minimum wage with the €3 supplement), by means of amendments to the National Minimum Wage National Standard Order (S.L. 452.71).
MSE plc obtains regulatory approval to launch the Institutional Financial Securities Market
4th December 2017Malta Stock Exchange plc. ("MSE") has obtained regulatory approval to launch the Institutional Financial Securities Market ("IFSM"), a securities market intended for issuers seeking to list securities falling within the scope of the Wholesale Securities Market rules, including but not limited to asset-backed and convertible debt securities, derivatives and insurance-linked notes, having a minimum denomination requirement of €100,000 (or its equivalent in any other currency).
Michael Psaila moderates securitisation panel during the launch of the IFSM at the MSE
4th December 2017Mamo TCV partner Michael Psaila moderated a panel on "Opportunities within the Securitisation Sector" during an event organized by the Malta Stock Exchange on Wednesday 18th October 2017 to launch the Institutional Financial Services Market.
Getting the Deal Through: Dispute Resolution 2017
4th December 2017Mamo TCV has contributed the Malta chapter to the 2017 online issue of "Dispute Resolution", a yearly comparative law guide published by Getting the Deal Through. Getting the Deal Through was the first legal publication series to present the concept of a "question and answer format". This is a convenient way for law firms, universities, regulators, and corporate counsel at to have at their fingertips a reliable introduction to various subject matters, as regulated in different jurisdictions. The series now covers over 890 practice areas with analysis on more than 150
New Managing Partner at Mamo TCV Advocates
1st December 2017Mamo TCV Advocates has announced that Dr Michael Psaila will be taking over the role of managing partner of the firm from Prof Andrew Muscat with effect from 1st November, 2017. Prof Muscat will continue to lead the firm's corporate and banking and finance departments.
Blockchain Technology & the Law: Myriad Business Opportunities
1st December 2017What is Blockchain?
Blockchain can be described as a digital database or ledger which is shared between a network of computers. The premise of blockchain, as well as its distinctive feature, is that it works on distributed trustless consensus. Each transaction entered into the ledger (known as a block) is connected to the block before it and the block after it, creating a chain of transactions which is traceable back to the original transaction.
GDPR Administrative Fines: New Guidelines Recently Adopted
1st December 2017On 25 May 2018, Regulation 2016/679, the General Data Protection Regulation (GDPR) will come into effect across the European Union (including Malta). As has been widely reported, infringement of the GDPR may lead to fines as high as €20,000,000 or 4% of an entity's total worldwide annual turnover (whichever is higher).
€350,000 in damages for breaching fiduciary obligations
1st December 2017In the recent judgment of M.A.I.N. Services Limited et v Albert Galea et (case 1246/07 JZM) delivered on the 28th September 2017, the Court examined in quite extensive detail the nature and the effects of fiduciary duties.
Cryptocurrencies in Malta – A Legal Perspective
1st December 2017Explaining Cryptocurrencies
Cryptocurrencies (also referred to as virtual currencies) are a form of digital currency which utilise encryption techniques for security. The same cryptography techniques are used in order to verify transactions involving virtual coins, and further coins are generated using complex mathematical algorithms in a process termed 'mining'.
Employers Beware before ‘Spying’ on Employees!
26th September 2017Bosses have limited rights to monitor employees’ private correspondence. Landmark judgement delivered by the Grand Chamber of the European Court of Human Rights in relation to monitoring of employees’ communications.
Confirmed: Employers Should Not Use Consent as a Legal Basis for Processing Employee Personal Data
26th September 2017On 8 June 2017, the Article 29 Data Protection Working Party ("WP29") adopted Opinion 2/2017 on data processing at work ("the Opinion") [1]. This authoritative document complements previous WP29 publications on similar issues [2]. The Opinion now takes into account new technologies that affect the processing of employees' personal data at work. Moreover, the Opinion takes into account both the Data Protection Directive (Directive 95/46/EC) that is still in force at time of writing – transposed into Maltese legislation via the present Data Protection Act[3] – as well as the EU General Data Protection Regulation ("GDPR") that will enter into force on 25 May 2018. The GDPR will repeal and replace Directive 95/46/EC and the Maltese Data Protection Act ("DPA") on such date.
- Aviation
- Dispute resolution
- Intellectual property
- Real estate