Firm Profile > Mamo TCV Advocates > Valletta, Malta
Mamo TCV Advocates Offices
PALAZZO PIETRO STIGES
103 STRAIT STREET
VALLETTA VLT 1436
Malta
Mamo TCV Advocates > The Legal 500 Rankings
Aviation Tier 1
Mamo TCV Advocates' aviation practice specialises in asset finance, tax and corporate set-ups, aircraft ownership and leasing, and claims handling. Recently, the team has also advised on – and helped draft – national and European legislation. Nicholas Valenzia goes 'the extra mile to understand and service client needs professionally'; he jointly heads the department with Joseph Camilleri.
Practice head(s):
Testimonials
‘Depth of legal expertise in commercial and aviation law.’
‘Dr Joe Borg Bartolo and Dr Nicholas Valenzia are always reachable and go the extra mile to understand and service client needs professionally.’
Commercial, corporate and M&A Tier 1
Mamo TCV Advocates provides 'clear, practical and pragmatic advice', making the firm 'second-to-none' in Malta, according to one client. Team head Andrew Muscat provides 'very logical and well-explained advice' and is known for his 'consistent professionalism'. Highlights included advising on a re-domiciliation for Caversham Insurance (Malta) Limited regarding a securities release, a corporate restructuring of companies within an electronics group's existing framework, and a regulated entity's capital restructuring following a cross-border merger Richard Camilleri stands out for his 'well-researched, solution-driven advice' and the 'diligent' Michael Psaila 'ensures all needs are met'. Other areas of activity include advising domestic and international clients on corporate governance matters, as well as on asset finance.
Practice head(s):
Testimonials
‘Mamo TCV Advocates is particularly strong in the commercial, corporate law and M&A field. Its key capability is giving clear, practical and pragmatic advice.’
‘Profs. Andrew Muscat is well known in Malta for his deep knowledge of Maltese corporate law, with his book on the subject being an authority in the field. This profound knowledge is translated into very logical and well-explained advice. Dr. Richard Camilleri is very well respected in the commercial law field. He is known for his well researched, solution driven and pragmatic advice.‘
‘We enjoy working with Mamo TCV Advocates because the firm had a great capability of understanding our issues and ensuring that these move forward with the required urgency and commitment.’
‘In the last months we have worked with Michael Psaila, who is a Managing Partner and ensures all our needs are met by the right people within the firm.’
‘Results obtained. Long-standing relationship. Timely response/feedback whenever requested as well as solid inter personal relationships developed over the years based on trust.’
‘Profs Andrew Muscat – consistent professionalism ,Dr Stephen Muscat – consistent professionalism.‘
‘Knowledge; commitment; dedication; energy.’
‘Approach issues with efficiency and flexibility.’
‘Edmond Zammit Laferla and Michael Psaila both diligent reachable and exactly understand what you need.‘
‘To my view the strength in Mamo TCV Advocates resides with its partners and their professional attitude in all they do, each and every time.’
‘The legal expertise and the depth of experience enjoyed by the partners I work with makes them stand out. I find that Prof Andrew Muscat in particular and his team are second to none.’
Key clients
HSBC Bank (Malta) plc
Go plc
BMIT Technologies plc
Lawrence Connell as administrator of Pilatus Bank plc
Simonds Farsons Cisk plc
Trident Estates plc
Malta Properties plc
Tigne Mall plc
Midi plc
APS Bank plc
Dispute resolution Tier 1
The 'timely and organised' team at Mamo TCV Advocates handles high-value disputes relating to corporate law, often involving private international legal aspects or cross-border disputes, along with ship and aircraft arrests. Credit recovery proceedings also feature prominently in its caseload. Key names include the 'efficient and effective' Stephen Muscat, the 'balanced and pragmatic' Frank Testa, and Joseph Camilleri. The practice is representing a number of open-ended collective investment schemes based in Malta and Luxembourg in a claim for damages by the Vatican's Istituto per le Opere di Religione.
Practice head(s):
Testimonials
‘We have worked with Stephan Muscat for several years on various Maltese hospitality and corporate issues as well as arbitration, and he has been very efficient and effective.’
‘The individual we have worked with is Stephen Muscat and he has been very available, efficient and knowledgeable in his market.’
‘The personal touch without any embellishment.’
‘I refer to Dr. Frank Testa who is the partner I directly deal with; I would like to say that his advice is always measured, calmly delivered, balanced and pragmatic. He is highly professional and a real pleasure to work with.’
‘I have had a very good experience working with the team, who are timely, organised and honest.’
‘Many Maltese lawyers are all bark and no bite; the individuals at Mamo are honest and take a different approach in their dealings.’
Intellectual property Tier 1
The team at Mamo TCV Advocates provides 'knowledgeable and cost efficient' advice and its 'professionalism stands out' when communicating with clients. Recent work includes handling various anti-counterfeiting and piracy cases for global brands in the sportswear, personal hygiene, tobacco, electronics and fashion industries. It also has expertise advising on pharmaceutical patents and copyright enforcement. David Tonna, Richard Camilleri and Antoine Camilleri, who is a 'hands-on' lawyer and an expert in IP-related litigation, licensing and encryption issues, jointly head the team. Jonathan Tonna and senior associate Claude Micallef Grimaud are other names to note.
Practice head(s):
Testimonials
‘The team is knowledgeable and cost-efficient.‘
‘Antoine Camilleri is a hands-on and client-oriented lawyer.‘
‘Their professionalism stands out; they communicate their legal expertise in a detailed yet simple and understandable way in order to give their client a clear picture of the situation.‘
‘Frank Testa, Maria Lisa Buttigieg, Antoine Camilleri, Claude Micallef Grimaud – the above four lawyers are the ones that I communicate with. They have always shown great competence in their work, well versed, professional and friendly. They are all very knowledgeable in their specialised field; the detail in which they analyse each case is impeccable.‘
Investment funds Tier 1
Led by Katya Tua, the team at Mamo TCV Advocates has the 'practical experience and depth of knowledge' to handle the full range of retail open-ended and closed-ended investments, as well as alternative and professional investor funds – mostly from a structuring and licensing perspective. Further work for clients including Futura Investment Management, The Macro Fund SIVAC plc and ACL Fund SICAV plc, includes advice on all Maltese regulatory matters. The set-up, restructuring and winding up of sub-funds are other areas of expertise.
Practice head(s):
Testimonials
‘Practical experience and legal knowledge depth.’
‘Quick turnaround time.’
Key clients
Futura Investment Management Ltd
The Macro Fund SICAV plc
ACL Fund SICAV plc
The ARP Funds SICAV IC plc
Real estate Tier 1
Mamo TCV Advocates provides 'legal services of the highest standard' on large-scale and mixed-use real estate developments. The group stands our for its 'proactive' and 'informed' approach, and its recent work includes advice on land transfer agreements, the review of high-value purchase contracts, and overseeing the acquisition of commercial property for inclusion in an investment portfolio. Immovable property transactions specialist Joseph Borg Bartolo and Frank B. Testa, a litigation expert, jointly head the practice.
Practice head(s):
Testimonials
‘This practice provides a one-stop area for legal services of the highest standard and quality with strong connectivity between one department or expert and another. Despite having to relate to different partners and associates on many levels I have always found them to have been duly informed when referred from one expert to another.‘
‘My business has utilised the services of this practice for several years, and both have practically grown in parallel. We have found their partners (notably Joe Borg Bartolo) and associates (Veronica Grixti and Joshua Chircop) to retain knowledge about our business, to be proactive and be involved in providing the necessary support in a familiar fashion.’
Shipping Tier 1
Mamo TCV Advocates is 'a top-notch and leading firm' in the shipping sector and can handle all aspects of maritime law. Nicholas Valenzia handles asset finance, corporate structuring and tax matters, as well as sale and purchase transactions for ships and yachts. There is 'no questioning' Joseph Camilleri's 'commitment or professionalism', and he has 'an innate ability to make a complex legal issue look simple' and is also at the forefront of legal decisions concerning the Maltese ports.
Practice head(s):
Testimonials
‘I have been working closely with the firm since approximately 2008. The assessment of the firm is without any doubt an excellent one. Services given have been top-notch throughout, with professional, sound legal advice, strong litigation and one hundred per cent commitment towards the issues – especially when taking into account the workload of such firms and their other clients. With respect to the responsiveness, their services are always timely and consistent. There were instances where we required their professional services after office hours (weekends, holidays, late evenings); these related to the arrest of vessels. Regarding value-added services, I am of the opinion that these are made up of their commitment, perseverance, the professional and working relationship that has been established and ultimately, friendship. Without hesitation, I confirm that Mamo TCV is a top-notch and leading law firm and, as I regularly do, recommend such a firm in all the various civil, commercial and maritime related issues.’
‘My closest contact is with Dr Joseph Camilleri. Dr Camilleri is a down-to-earth person, intelligent, extremely capable and hardworking. He always seeks to solve an issue in a practical manner, with a view to limit expenses as well as to avoid unnecessary litigation. There is no question regarding his commitment or professionalism. Furthermore, he makes sure to explain all legal issues, especially complex ones, and including the legal action and perceived risks, in simple terms in order for there to be full understanding, clarity and certainty. He has an innate ability to make a complex legal issue look simple. I have also worked with Dr Matthew Cutajar and Dr Kirk Brincau. Both are young, emerging and promising lawyers; dynamic and very intelligent who have been assigned to assist Dr Joseph Camilleri. In the few cases where they have replaced Dr Camilleri, they were fully knowledgeable regarding the issue at hand and did an excellent job.’
Banking, finance and capital markets Tier 2
Mamo TCV Advocates, which has 'a commendable level of experience and knowledge', advises on asset finance and management, restructuring and insolvency, and general payment services. Practice head Andrew Muscat has considerable experience in capital markets issues, as does Michael Psaila, who also handles securitisations. Recent highlights include acting as counsel to Securities Group (Kuwait) on a matter concerning land acquisition and building financing in Malta, as well as handling the initial public offering of a Go plc subsidiary on the Maltese Stock Exchange and working for international banks in various syndicated finance transactions.
Practice head(s):
Testimonials
‘The level of experience and knowledge in banking which is available within the firm is commendable. Opinions provided are always very well prepared with sufficient level of detail.’
‘Knowledge; commitment; dedication; energy.’
Key clients
HSBC Bank (Malta) plc
Go plc
JP Morgan
BMIT Technologies plc
Pilatus Bank plc
Simonds Farsons Cisk plc
Trident Estates plc
Malta Properties plc
Tigne Mall plc
Midi plc
APS Bank plc
BNF Bank plc
Fintech Tier 3
Mamo TCV Advocates provides regulatory assistance with the set-up and authorisation of crypto-exchanges and ICOs, including any relevant corporate and tax advice. Work typically involves contract drafting for the acquisition of virtual tokens, advising on both the set-up of bitcoin exchanges with a local Maltese regulator and the formation of limited liability private companies, and handling all appropriate filing and regulation with the MFSA. Practice head Katya Tua's has considerable expertise in investment services. Michael Psaila is another name of note.
Practice head(s):
Mamo TCV Advocates > Firm Profile
The firm: Mamo TCV Advocates is one of Malta’s top-tier 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 |
| Immigration and citizenship | Dr. David Tonna | david.tonna@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. Claud 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. Claud 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
| Photo | Name | Position | Profile |
|---|---|---|---|
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Dr Yvette Borg Cardona | Senior Associate | View Profile |
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Dr Kirk Brincau | Associate | View Profile |
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Dr Joshua Chircop | Associate | View Profile |
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Dr Julian Fenech Adami | Associate | View Profile |
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Dr Zachary Galea | Zachary Galea is an associate in the corporate and insurance departments of… | View Profile |
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Dr Claude Micallef-Grimaud | Partner | View Profile |
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Dr Maria Mulvaney | Associate | View Profile |
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Dr Simon Pullicino | Partner | View Profile |
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Dr Giulio Sammut | Associate | View Profile |
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Dr Laura Spiteri | Associate | View Profile |
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Dr Edmond Zammit Laferla | Edmond Zammit Laferla is a partner with Mamo TCV Advocates and forms… | View Profile |
Staff Figures
Number of lawyers : 49Languages
English French Italian Maltese SpanishOther
Contact : Dr Michael Psaila (Managing Partner)Press Releases
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
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 UpdateUK 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.”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.CJEU: 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.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.
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.
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.
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.
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.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.
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.
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.
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.
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.
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).
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.
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
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.
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.
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