Author: Camilleri Preziosi

Correction of irregularities in tender documents subject to a fixed penalty allowed – In Principle

The Court of Justice of the European Union (“CJEU”) recently delivered a preliminary ruling stating that (Italian) national legislation allowing contracting authorities to allow tenderers, whose tender is vitiated by serious irregularities, to rectify its tender, within a certain time limit and subject to payment of a fixed financial penalty, was not contrary to EU […]

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ESMA agreed on product intervention measures relating to CFDs and binary options

Following the introduction of ESMA’s new product intervention power under Art. 40 of MiFIR, on the 27th of March 2018, the ESMA has agreed on temporary product intervention measures (the “Measures”) on the provision of contracts for differences (“CFDs”) and binary options to retail investors in the European Union (“EU”). Scope For the purposes of […]

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MFSA issues Consultation Paper on the Financial Instrument Test

The Malta Financial Services Authority (“MFSA”) has issued a consultation paper (the “Paper”) on the financial instrument test (the “Test”) for virtual financial assets (“Assets”).  The Test was first introduced in the MFSA’s discussion paper on initial coin offerings (“ICOs”), virtual currencies and related service providers released on 30 November 2017.  According to the Paper, […]

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Direct award of passport and official document printing contracts in breach of EU law

Last month, the European Court of Justice (“ECJ”) ruled that Austria’s direct award of service contracts for the printing of chip passports, emergency passports, residence permits, identity cards, credit card-sized driving licences and credit card-sized vehicle registration certificates without an EU-wide call for tenders constituted a breach of its obligations under EU public procurement law. […]

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Extension of applicability of reduced duty rate on intra-family transfers

On 20th March 2018, Legal Notice 82 of 2018 was published by the Minister responsible for Finance, whereby the applicability of the reduced rate of 1.5% on duty incurred in respect of intra-family donations of company shares and immovable property used within a family business, as contemplated by the Duty on Donations of Marketable Securities […]

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European passporting rights – the freedom to provide investment services in Malta

The freedom to provide services in the EU/EEA is enshrined in the Treaty of the Functioning of the European Union. Licensed European investment firms may exercise their rights under the freedom to provide services or the freedom of establishment regimes in order to provide their investment services in another EU/EEA Member State without having to […]

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Camilleri Preziosi teams up with ELSA Malta for its Corporate & Finance Law Conference 2018

Camilleri Preziosi, as Academic Partner of the European Law Students Association (ELSA Malta), will again be participating in the student organisation’s annual half-day conference on Corporate and Finance Law. This year’s event will be held on the 23 March 2018 at the Victoria Hotel, Sliema between 14:00 and 18:00.    The overall theme of the conference will […]

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European Commission Unveils Fintech Action Plan & Proposes Crowdfunding Regulation

The European Commission recently revealed its Fintech Action Plan (“Action Plan”) which outlines the ways in which it intends to go about regulating these technologies.  The Action Plan attempts to tackle the regulation of various nascent technologies, including blockchain, cloud computing and the internet of things.  The financial industry is one of the largest users […]

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