Mamo TCV Advocates > Valletta, Malta > Firm Profile
Mamo TCV Advocates Offices
PALAZZO PIETRO STIGES
103 STRAIT STREET
VALLETTA VLT 1436
Mamo TCV Advocates > The Legal 500 Rankings
Malta > Aviation Tier 1Clients laud Mamo TCV Advocates as a ‘forward-looking firm that provides the aviation sector with pragmatic, cost-effective advice and services'. Core areas of activity include asset finance, the sale and purchase of aircraft, and handling liability and passenger claims. Practice head Nicholas Valenzia focuses on financing, asset management and the coordination of aircraft repossession procedures on behalf of international credit institutions. Associate Joshua Chircop provides crucial support in aircraft transactions.
Other key lawyers:
‘Mamo TCV Advocates is a forward-looking firm that provides the aviation sector with pragmatic, cost-effective advice and services.’
‘The partner and associate network afforded to clients provides the mix of seniority and availability that is appreciated.’
‘Having worked closely with Joshua Chircop on several aircraft sale and purchase and financing transactions, I can attest to his responsiveness even to the eleventh-hour demands of closing and consistent diligence in his work.’
‘Mamo TCV Advocates provided us with invaluable (and creative) advice that was very effective in enabling us to enforce our rights.’
‘Long-established and reputable firm in Malta. Attention to detail and solid knowledge of the aviation legal structures in Malta and beyond.’
‘I very much like working with Nicholas Valenzia and Joshua Chircop at Mamo. I have worked with them on a number of aviation matters over the years. I regard them as trusted advisers on the Maltese aspects of deals – they provide effective and clear advice and are responsive and approachable. Overall, a pleasure to work with.’
‘Joshua Chircop has been our go-to associate on a number of deals over the last few years and I find him to be responsive, and clear and detailed in his responses. I also find Joshua to be personable and nice to work with.’
Malta > Commercial, corporate and M&A Tier 1Described as ‘a leader in his field in Malta’, Andrew Muscat is the senior partner at Mamo TCV Advocates‘ corporate practice. His experience ranges from mid to high-end M&A transactions and corporate restructurings, to privatisations and joint ventures, often with an international element. Other key figures of note include office managing partner Michael Psaila, insurance expert Joseph Borg Bartolo and Edmond Zammit Laferla.
Andrew Muscat; Michael Psaila
Other key lawyers:
‘The law firm provides practical legal advice in areas of commercial and corporate law while highlighting the latest judgements which can impact internal business decisions.’
‘Quick response times, covering all areas of the law at reasonable rates.’
‘We built a great relationship with Michael Psaila, who is not only a great lawyer but also a great guy to get along with and has good availability.’
‘Knowledgeable and experienced partners and associates, working very efficiently and effectively.’
‘The key characteristics of this firm are the quality of their partners, the range of skills they offer and their efficient responses.’
‘Andrew Muscat is a leader in his field in Malta.’
‘Andrew Muscat is noted for his exceptional knowledge of the law and practicality.’
‘The partners are all commercially aware and well plugged in to commercial life on the island of Malta.’
Steward Health Care
AX Real Estate p.l.c.
BCRS Malta Ltd.
- Advised EVOS B.V. in connection with the acquisition of Oiltanking Malta Limited, which owns and operates a liquid storage facility in Malta.
- Advised Doordash Inc in connection with the acquisition of Wolt OY, a Finnish food delivery company which has a Maltese subsidiary with operations in Malta.
- Advised GO p.l.c. in connection with the acquisition of a majority interest in SENS Innovation Group Limited, an energy management company that leverages proprietary IOT-based technology to reduce energy consumption and associated costs for commercial buildings.
Malta > Dispute resolution Tier 1‘Considered one of the best law firms in Malta’, Mamo TCV Advocates is highly regarded for its strong representation of clients in civil and general commercial, insurance and banking claims and in the enforcement of foreign judgments in Malta. Frank Testa heads the commercial and international arbitration practice, alongside Stephen Muscat. Distinguished by his constitutional law expertise, Joseph Camilleri is noted for public procurement and planning law cases. Associate Maria Lisa Buttigieg provides valuable support.
Joseph Camilleri; Frank Testa; Stephen Muscat
Other key lawyers:
‘MAMO TCV’s strength lies in their understanding of the client’s exact needs, and acting with alacrity. They are a very modern firm that, however, has one principle that is timeless: you get value for money.’
‘We have grown with Frank Testa and he has grown with us. We have experienced him becoming a very seasoned lawyer, but with a beating heart. His reasoning in court is backed by meticulous research and a thorough knowledge of the law, but he is not afraid to put forward innovative arguments. Maria Lisa Buttigieg backs Frank up with even more research and good legal arguments, but with a practical approach to solving problems.’
‘Mamo TCV can certainly be considered one of the best law firms in Malta. They have a large practice, covering various areas of expertise. The dispute resolution department is well structured, as well as the shipping and aviation department.’
‘I regard Joseph Camilleri, who is a skilled litigator with extensive experience, highly. We have also appreciated Frank Testa’s contribution to our cases.’
‘We have been collaborating with this firm for over 20 years and the service is still the same: impeccable.’
‘Mamo TCV has an exceptional team with diverse yet complementary specialisations. It has really been a one-stop shop for dispute resolution, from commercial to GDPR, tax, regulatory, medico-legal, civil and corporate cases. Billing by comparison to others is fair, transparent and extremely reasonable.’
‘Joseph Camilleri has been truly exceptional in being our point of reference at MAMO TCV. He is always available for our team, and will loop in specialists from the relevant departments of the firm according to the particular case, saving us the hassle of looking for the appropriate specialist ourselves. He is extremely knowledgeable and yet humble, and has a rare ability to explain complicated legal matters in understandable terms. His quiet yet firm demeanour also earns him respect from opponents, and this has been instrumental in building relationships and resolving disputes where others have not succeeded.’
‘I would like to mention Joseph Camilleri for dispute resolution matters. His breadth of knowledge and expertise, as well as his 24/7 availability and support, have proved invaluable.’
Futura Funds SICAV
Optimum Funds SICAV
Simonds Farsons Cisk
Liquigas Malta Limited
- Represented SICAVs based in Malta and Luxembourg in ongoing proceedings involving the Istituto per le Opere di Religione.
Malta > Intellectual property Tier 1Mamo TCV Advocates is highly regarded for the breadth and depth of its practice in intellectual property and technology law, specialising in transactional matters, and both prosecution and enforcement work. ‘One of Malta’s leading experts’, Antoine Camilleri maintains a busy practice advising on licensing, software agreements and general commercial contracts, IP prosecution and coordinating anti-counterfeit measures. Claude Micallef Grimaud is another leading figure for TMT and data protection mandates.
Antoine Camilleri; Claude Micallef Grimaud
‘The practice has recently launched a rebranded website which we find to be much more user-friendly. The rebranding builds on the already highly professional image of this firm, which strengthens its standing amongst Malta’s top-tier law firms.’
‘Antoine Camilleri is one of Malta’s leading experts in intellectual property but also in information technology law. His delivery has always been impeccable. He is our first point of contact with Mamo TCV and immediately responds to our requests for assistance.’
‘The lawyers are all well versed on the subject and available any time for clarifications.’
- Defending a client in court in a copyright infringement claim.
- Advising a client on the ongoing reorganisation of its intellectual property, including general advisory work, attending to various IP filings in Malta, and extensive contract work.
- Advising a client on ongoing filings and representing the client in a multitude of EU trade mark applications and registrations (including filing and defending against third-party oppositions and appeals in front of the European Union Intellectual Property Office).
Malta > Real estate Tier 1Mamo TCV Advocates is noted for its expertise in assisting developers, investors and construction firms with large-scale and mixed-use real estate developments, historic buildings and yacht marina projects. It also maintains a strong practice advising on residential sales and purchases, and assisting with commercial leasing transactions. Corporate partner Joseph Borg Bartolo works alongside head of disputes Joseph Camilleri and real estate specialist Frank Testa.
Joseph Borg Bartolo; Joseph Camilleri; Frank Testa
‘Mamo TCV have an excellent, large and diverse team available for the full range of cases that present themselves. All cases are centred around a key representative of their firm who is constantly aware of the status of our cases and follows up accordingly. This makes for efficient communication processes and the relevant expertise is always brought in when required.’
‘While we deal with the partner in charge of our matters – Joe Borg Bartolo – who provides an excellent service and who has grown to know and understand our own firm, other partners are brought in when their specific expertise is required. This makes for a strong foundation for the advice given to us.’
‘We have been working with Mamo TCV for a number of years now. They have always been accessible and very professional. The people there are always on top of our cases and have a good success rate when dealing with any disputes.’
‘Frank Testa is always updated on our cases and always gives us top legal advice. He is available at any time to answer any of our questions.’
Malta > Banking, finance and capital markets Tier 2Mamo TCV Advocates‘ corporate finance practice advises local and international credit institutions, asset management and investment firms, listed companies and private equity firms in respect of all finance matters, and in particular syndicated loan transactions. Refinancing loan facilities, debt securities listings, leveraged buyouts, sustainability-linked loans and financial compliance matters are its other key areas of work. Andrew Muscat and Michael Psaila head the group.
Andrew Muscat; Michael Psaila
‘Michael Psaila is very knowledgeable and good to deal with.’
‘The law firm’s strengths are that they are easily accessible and provide feedback within a reasonable period of time within a defined deadline – they provide guidance on a number of legal fields including guidance on recent judgments.’
‘Great communication and co-operation with their clients. Great service.’
BMIT Technologies p.l.c.
Trident Estates p.l.c.
Simonds Farsons Cisk p.l.c.
Hili Properties p.l.c.
Central Business Centres p.l.c.
St. Anthony Co. p.l.c.
BNF Bank (Malta) plc
HSBC Bank Malta plc
FCM Bank Malta Limited
- Advised Hili Properties p.l.c. as issuer on an IPO offering of 185,185,185 new ordinary shares at an issue price of €0.27 per share.
- Advised Malta Properties Company p.l.c. on the establishment of a €50m bond issuance programme and the issuance of 4% secured bonds with an aggregate principal amount of €25m redeemable in 2032.
- Acting as legal adviser to GO p.l.c. on the issuance of 3.5% unsecured bonds with an aggregate principal amount of up to €60m redeemable in 2031 pursuant to a prospectus and final terms dated 27 May 2021.
Malta > Investment funds Tier 2Mamo TCV Advocates is predominantly instructed on the structuring and licensing of collective investment schemes, mainly UCITS funds, alternative investment funds and professional investor funds. It also advises on the development of alternative investment policies and investment in alternative and complex asset classes. Regulatory lawyer Katya Tua is the main contact.
‘Katya Tua is very knowledgeable and good to deal with.’
- Assisted PCM Global Core Fund SICAV IC plc with the conversion of its licence to a UCITS licence.
- Advising ACL Fund SICAV plc on all the regulatory and legal matters relating to its operations in Malta.
Malta > Shipping Tier 2At Mamo TCV Advocates, practice head Nicholas Valenzia focuses on ship finance and management work, including matters relating to superyachts. He is the main contact for sale and purchase transactions, all tax matters relating to shipping, and the coordination of vessel repossession procedures on behalf of international credit institutions.
Malta > Fintech Tier 3At Mamo TCV Advocates, Katya Tua is the key contact in the fintech practice, which offers compliance support and assistance relating to the Virtual Financial Assets Act and its underlying framework, and the preparation of the MFSA FinTech Regulatory Sandbox proposal and application process.
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.
|Aviation||Dr. Nicholas Valenziaemail@example.com||+356 2540 3000|
|Banking and finance||Prof. Andrew Muscatfirstname.lastname@example.org||+356 2540 3000|
|Capital markets||Dr. Michael Psailaemail@example.com||+356 2540 3000|
|Competition||Dr. Michael Psailafirstname.lastname@example.org||+356 2540 3000|
|Corporate and commercial||Prof. Andrew Muscatemail@example.com||+356 2540 3000|
|Employment and labour||Dr. Frank Testafirstname.lastname@example.org||+356 2540 3000|
|Energy and resources||Dr. Joseph Camilleriemail@example.com||+356 2540 3000|
|Trusts, foundations and wealth management||Dr. Joseph Borg Bartolofirstname.lastname@example.org||+356 2540 3000|
|Gaming and betting||Dr. Michael Psailaemail@example.com||+356 2540 3000|
|Insurance and reinsurance||Dr. Edmond Zammit Laferlafirstname.lastname@example.org||+356 2540 3000|
|Intellectual property and anti-counterfeiting||Dr. Antoine Camilleriemail@example.com||+356 2540 3000|
|Investment services and funds||Dr. Katya Tuafirstname.lastname@example.org||+356 2540 3000|
|Litigation and dispute resolution||Dr. Joseph Camilleriemail@example.com||+356 2540 3000|
|Mergers and acquisitions, insolvency||Prof. Andrew Muscatfirstname.lastname@example.org||+356 2540 3000|
|Planning and environment||Dr. Frank Testaemail@example.com||+356 2540 3000|
|Procurement and state aid||Dr. Joseph Camillerifirstname.lastname@example.org||+356 2540 3000|
|Real estate and construction||Dr. Frank Testaemail@example.com||+356 2540 3000|
|Shipping and yachting||Dr. Nicholas Valenziafirstname.lastname@example.org||+356 2540 3000|
|Telecoms, media and technology||Dr. Claude Micallef Grimaudemail@example.com||+356 2540 3000|
|Tourism, leisure and hospitality||Dr. Stephen Muscatfirstname.lastname@example.org||+356 2540 3000|
|Communications and IT||Dr. Claude Micallef Grimaudemail@example.com||+356 2540 3000|
|EU law||Dr. Michael Psailafirstname.lastname@example.org||+356 2540 3000|
|Infrastructure||Dr. Frank Testaemail@example.com||+356 2540 3000|
|Energy||Dr. Joseph Camillerifirstname.lastname@example.org||+356 2540 3000|
|Environment Law||Dr. Michael Psailaemail@example.com||+356 2540 3000|
|FinTech||Dr. Katya Tuafirstname.lastname@example.org||+356 2540 3000|
Staff FiguresNumber of lawyers : 46
LanguagesEnglish French Italian Maltese Spanish
OtherPrimary Contact : Dr Michael Psaila (Managing Partner)
Extension of Consultation Period2nd May 2019
The 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.
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 Malta
EP Approves New Draft Law for Union Whistleblowers3rd May 2019
On 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 Challenged3rd May 2019 Employment Law Update
UK CFC rules in breach of Article 107 TFEU3rd May 2019
On 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 Ahead3rd 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 cases
Increase in Annual Leave and Minimum Wage3rd May 2019 News Update: Increase in Annual Leave and Minimum Wage
Suspended Legal Notices Come into Force with Some Amendments3rd May 2019 Employment Law Update
European Union Blockchain Observatory and Forum Publishes its First Thematic Report3rd 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’ Measures3rd 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 GDPR3rd 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 Unconstitutional3rd 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 20193rd May 2019 Human Rights Legal Update
Malta: The Ultimate AI Launchpad3rd 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 Online2nd May 2019 European Commission Launches Online Cartel Leniency Tool.
Extension of Consultation Period2nd 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 Regulation2nd 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 behaviour2nd 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 rates2nd May 2019 News Update: Update to the Circular addressed to Credit Institutions on the imposition of negative interest rates on euro denominated deposits
EU Adopts Regulation Prohibiting Geo-Blocking2nd 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 Code2nd May 2019 Merchant Shipping Directorate issues Non-Convention Vessel Code.
Amendments to the Maritime Labour Convention, 20062nd May 2019
Amendments to the Maritime Labour Convention
Amendments to the Family Business Act Come Into Force2nd 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 Employees2nd May 2019 Financial aid to undertakings which train their employees.
MasterCard Fined €570 Million for Breaching Competition Rules2nd 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 Era2nd 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 Property2nd 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 Countries2nd May 2019 Obligation to notify authorities introduced.
Employee Share Schemes2nd May 2019
Employee 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 Agency2nd 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 Force2nd 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 Scenario
European Parliament Adopts a Resolution on the Restitution of Plundered Artwork2nd May 2019 A potential new law on plundered art and cultural artefacts.
Government Surveillance – Watchful Protector or Immoral Spy?14th November 2018
European 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 Business14th November 2018
Extension on the reduced rate of duty for family business transfers.
Proposal to Reform the Rental Market13th November 2018
A 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 EU13th November 2018
European 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 Elettorali13th November 2018
The 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 Contracts13th November 2018
The 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 Industry13th November 2018
European 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 Cryptos13th November 2018
Maltese 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 Act13th November 2018
The 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 notes13th November 2018
The 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 Regulator13th November 2018
A 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 Case13th November 2018
Recent decision of the Court of Appeal regarding transfer of business.
Tower Crane Passing over Airspace Owned by a Third Party13th November 2018
The 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 Agents13th November 2018
The 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 Proceedings12th November 2018
Cases 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 Decision12th November 2018
The 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’ Blunder10th October 2018
In 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 Industry10th October 2018
MFSA issues consultation with the financial services industry regarding VFA Regulations to be issued under the VFA Act.
DLT Exchanges Under the Newly Enacted VFA Act10th October 2018
Malta approves legislation regulating crypto exchanges.
Malta Approves Crypto Acts and Creates A Regulated Framework for ICOs and Exchanges10th October 2018
Malta publishes legislation regulating ICOs.
The MFSA publishes Financial Instrument Test10th October 2018
Step aside Howey Test, here comes the Financial Instrument Test!
Amendments to Housing (Decontrol) Ordinance (Chapter 158 of the Laws of Malta)10th October 2018
Amendments 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 2018
Nestle’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 Law10th October 2018
The Uniformity of Energy Labels on Electric Products.
Of Annual Leave, Payslips, Transfers of Business and Temporary Agency Workers4th October 2018
Four 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 Directive4th October 2018
Analysing 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 Users4th October 2018
Copyright and Freely Accessible Photos: The Implications for Website Operators and Social Media Users.
Proposed Amendments to the Competition Act and the Consumer Affairs Act2nd October 2018
Government 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/DL22nd August 2018
Maltese Parliament unanimously approves second reading of all three Crypto-currency Bills.
Publication of the Insurance Distribution Act and Insurance Distribution Rules22nd August 2018
The 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 Sole28th 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 2018
The 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 Work22nd June 2018
Amendments 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 Brexit22nd June 2018
EIOPA 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 Directive22nd June 2018
The 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 Exchanges4th June 2018
Second 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’s4th June 2018
Second 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 Act1st June 2018
Second Reading in Parliament for Blockchain Bills: The Malta Digital Innovation Authority Act
The Innovative Technology Arrangements and Services Act1st June 2018
Second Reading in Parliament for Blockchain Bills: The Innovative Technology Arrangements and Services Act
Positive Update on EU Trademark and Industrial Design Rights Post-Brexit25th April 2018
The 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 2018
Malta 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 damages25th April 2018
Court decides on issue of jurisdiction.
Sub-Letting of Commercial Tenements After 31st May 2018 – Let it Be!25th April 2018
Proposed 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 Horizon25th 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 2018
In 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 Currencies3rd April 2018
The 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 2018
In 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 Technology3rd April 2018
Earlier 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 2018
In 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 Leasing3rd April 2018
The 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 Directive3rd April 2018
On 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 GDPR3rd April 2018
Keep 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 Malta3rd April 2018
Cryptocurrency 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 Scheme3rd April 2018
The 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 Stakeholders3rd April 2018
On 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 2018
Putlocker. BitTorrent. PirateBay. Napster. Mediafire.
Ring any bells?
We'll bet they do.
UBO Registry: New Reporting Requirements for Companies and Trusts22nd February 2018
New 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 News13th February 2018
Are employers sufficiently aware of their obligations?
A More Poignant New Year than Usual for French Winemakers After CJEU Ruling on “Champagner Sorbet?13th February 2018
A 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 2018
The 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 cases13th February 2018
Decision by the Court of Appeal stresses the importance of examining substance over form.
Protection of Employment for those on a minimum wage.15th January 2018
In 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 Law15th January 2018
The 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 Providers15th January 2018
The Malta Financial Services Authority launches a Discussion Paper on Initial Coin Offerings, Virtual Currencies and Related Service Providers.
Getting the Deal Through: Dispute Resolution 20174th December 2017
Mamo 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 Market4th December 2017
Malta 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 MSE4th December 2017
Mamo 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 Advocates1st December 2017
Mamo 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 Opportunities1st December 2017
What 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 Adopted1st December 2017
On 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 obligations1st December 2017
In 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 Perspective1st December 2017
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 2017
Bosses 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 Data26th September 2017
On 8 June 2017, the Article 29 Data Protection Working Party ("WP29") adopted Opinion 2/2017 on data processing at work ("the Opinion") . This authoritative document complements previous WP29 publications on similar issues . 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 – 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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