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DORA: the MFSA’s expectations in terms of minimum preparations

| September 5, 2023

The target date of 17 January 2025 has by now become synonymous with compliance by financial firms with Regulation (EU) 2022/2554 and Amending Directive (EU) 2022/2556 on Digital Operational Resilience for the Financial Sector (“DORA” and the “Amending Directive”).

Proposed amendments to the Exclusive Economic Zone Act and ancillary laws

| August 31, 2023

The Exclusive Economic Zone Act (the “EEZ Act”), as enacted in 2021, catered for the establishment of an Exclusive Economic Zone (“EEZ”) adjacent to Malta’s territorial waters.

Consumers’ right to withdraw from off-premises contracts already performed

| August 30, 2023

The Court of Justice of the European Union (the “CJEU”) assessed the right of withdrawal from a contract concluded off-premises available to consumers in its preliminary ruling delivered on 17 May 2023 in the case of DC v. HJ (C-97/22).

COA calls for legislative action to address a lacuna identified in Article 402 of the Companies Act

| August 30, 2023

Basing its argument on the Latin maxim ‘ubi lex voluit dixit, ubi noluit tacuit’ (“Where the law willed, it spoke, where it did not want, it was silent”), the Court of Appeal in Miclis Company Limited v. Kevin Fitzpatrick et. (July 2023) upheld the claim that the law does not grant an appellant the right …

Continue reading “COA calls for legislative action to address a lacuna identified in Article 402 of the Companies Act”

Mergers & Acquisitions (M&A) Expected To Bounce Back in 2024

| August 28, 2023

High interest rates, a more stringent regulatory environment and increased foreign direct investment supervision especially by European states could be the main factors behind the current lull being experienced in the mergers and acquisitions market in Malta.

The capital markets are also exposed to money laundering

| August 25, 2023

The capital markets are one of the most powerful instruments in promoting economic growth and wealth creation as they facilitate the movement of vast amounts of capital from different geographical regions with relative ease.

Sanctions – Impact on Shipping │ Malta Focus

| August 25, 2023

Ganado Advocates co-organised a webinar, together with Ship Management International, entitled ‘Sanctions – Impact on Shipping│Malta Focus’. This webinar, that was held in May, shed light on the continuing international enforcement of sanctions and their far-reaching consequences.

Representative Actions Directive transposed into Maltese law

| August 25, 2023

On 25 June 2023, the Maltese law transposing the Representative Actions Directive came into force.

Reforming Digital Payments – Introducing the new Payment Services proposals

| August 25, 2023

Introduction On 28 June 2023, the European Commission published a number of draft proposals as part of its ambitious plan to open up financial data and reform digital payments.  One of these draft proposals relates to a Payment Services package which is aimed at replacing the current PSD2.

Protection of natural persons with regard to the processing of personal data

| August 25, 2023

In a request for a preliminary ruling requested by the Higher Regional Court, Germany to the European Court of Justice,

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