EMCS – "we see a distinction between the
requirements of regulated entities to those of listed
entities"
The Malta Financial Services Authority (MFSA) have earlier this
year issued a consultation document with the aim of creating a
comprehensive and enforceable corporate governance framework for
all entities authorised by the MFSA as well as listed
companies1. This document lays out the expectations for
good Corporate Governance which would be applicable
cross-sectorally.
The present situation is that the main legislative source for
Corporate Governance under Maltese Law is the Companies Act, which
sets out the types of commercial partnerships available and the
applicable requirements for such entities, whereby it establishes
the accountabilities of the Board of Directors, the rights of
shareholders as well as transparency obligations. The Companies Act
is then complemented by three additional documents: [i] the
Corporate Governance Guidelines for Public Interest