Struck-Off but still standing: The legal lifeline for companies
On 27th May 2024, the First Hall Civil Court (Commercial Section) (the ‘Court’) delivered its judgement in the names of ‘Usta Holdings Inc. vs. Ir-Reġistratur tal-Kumpaniji’ whereby the plaintiff, as the sole shareholder of Usta Maritime Co. Ltd (C 43902) (the ‘Company’), requested the Malta Business Registry (the ‘Registrar’) to have the name of the …
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MFSA clarifies the scope of application of the DORA Framework to VFA Service Providers transitioning towards authorisation under the MiCA Regulation
On the 27th January, 2025, the MFSA released a Circular (the “2025 MFSA Circular”) with an important clarification under Regulation (EU) 2022/2554 (the “DORA Regulation”) pertinent to firms operating within the crypto space.
Another Step Forward in Digital Company Law Processes
On the 10th of January 2025, the European Union (EU) published the official text of Directive (EU) 2025/25 (hereinafter referred to as the ‘Directive’) in the Official Journal, which sets out various updates and amendments to Directive (EU) 2019/1151 and earlier frameworks on the use of digital tools and processes in company law. You can …
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Electronic Service of Judicial Documents: A Game Changer in Reshaping Legal Processes
One of the key pillars of any democratic society is that all persons have access to the justice system. However, one of the most often overlooked yet critical cogs in the judicial process is service i.e. being able to properly notify the respondent of the commencement of judicial proceedings.
CJEU Clarifies Scope of “Amount Due” under Late Payments Directive
On 12 December 2024, the Court of Justice of the European Union (“CJEU”) delivered an important ruling in Case C‑725/23 in the name of M. sp. z o.o. I. S.K.A. v. R.W. The case arose from a request for a preliminary ruling by the District Court in Katowice-East, Katowice in Poland.
‘Buy Now, Pay Later’ Schemes Examined by the CJEU under the Consumer Credit Directive
On 17 October 2024, the Court of Justice of the European Union (the “CJEU”) delivered a ruling in the case of Riverty GmbH (legal successor of Arvato Finance BV) v MI (Case C-409/23), on the qualification of the so-called ‘buy-now-pay-later’ (“BNPL”) schemes, where consumers purchase goods or services and are able to postpone payment, in …
Guidelines on ESG risk management emphasize integration of ESG risks across the 3 lines of defence
On 9 January 2025, the European Banking Authority (the “EBA”) published its final report setting out the Guidelines on the management of Environmental, Social and Governance (ESG) risks (the “Guidelines”)[1].
Publication of the Insurance Recovery and Resolution Directive and Amendments to the Solvency II Directive
On the 8th January 2025, the directive establishing a framework for the recovery and resolution of insurance and reinsurance undertakings, better known as the Insurance Recovery and Resolution Directive or IRRD, and the amendments to the Solvency II Directive were officially adopted and published as law in the Official Journal of the European Union.
2024 Amendments to the Trusts and Trustees Act (Fees) Regulations
The Trusts and Trustees Act (Fees) (Amendment) Regulations 2024 (the “Regulations”), published on 24th December 2024 through Legal Notice 372 of 2024, have substituted the previous regulations last amended in 2015. They will be Subsidiary Legislation 331.01 under the Trusts and Trustees Act (Chapter 331 of The Laws of Malta) (the “Act”).
Is a handshake equivalent to a final agreement?
Introduction In the case Beer House Ltd (the “Claimant”) vs The General Soft Drinks Company Ltd (C3774) (the “Defendant”) & GSD Marketing Limited (called in as a joinder by means of a decree on the 4 January 2022) ( “GSDM”), the Hon.