Author: Stephanie Heitkemper

MFSA Issues Circular on Regulatory Submissions for all Company Service Providers

On 8th March 2023, the Malta Financial Services Authority (the “MFSA”) issued a circular addressed to company service providers authorised in Malta (“CSPs”) informing of, inter alia, certain changes which have been made relating to their obligation to submit the Annual Compliance Report (“ACR”). Some of these changes include:ACR submissions covering the reporting period 2022 […]

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A new Temporary Crisis and Transition Framework and amendments to the GBER

The European Commission has adopted a new framework setting out guidance on State aid to foster support measures in sectors which can significantly contribute to the net-zero economy transition – a framework which Executive Vice-President Vestager described as giving Member States “the option to give State aid in a fast, clear and predictable way.”    […]

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The Malta Enterprise – a Catalyst for ESG Progress

The global shift towards sustainability has highlighted the importance of adhering to ESG obligations, not only for the purposes of solving the evident and imminent climate issues but to increase profitability and remain competitive in the market in which companies operate by taking advantage of the new business opportunities that this presents.With sustainability on the […]

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Stronger and Smart EU Borders: Upcoming Changes Affecting Travel to/from the Schengen Area

Two major changes with regard to crossings of the external borders of Schengen States by third-country nationals (‘TCNs’), namely the Entry/Exit System (‘EES’) and the European Travel Information and Authorisation System (‘ETIAS’), are expected to become operational by 2024.[1] These changes shall complement the Schengen acquis for external border checks and short-stay visas, by:monitoring and […]

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Get ready to complete the 2023 Risk Evaluation Questionnaire

  The Financial Intelligence Analysis Unit (“FIAU”) has announced that the 2023 Risk Evaluation Questionnaire (“REQ”) is now available for completion only through the Compliance and Supervision Platform for Assessing Risk (“CASPAR”) portal. Subject persons who are not yet registered on the CASPAR portal are reminded of their obligation to do so without further delay. […]

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Where Employment meets Competition law

The world is changing fast, as are markets, trends, opportunities, and threats for both employers and employees, albeit in different ways.The pinch of a perceived protracted labour shortage across several sectors has led some employers, particularly those overzealous to protect their own resources, to veer away from the straight and narrow, by engaging in unlawful […]

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Public companies’ general meetings: Repeal of Companies Act (Public Companies – Annual General Meetings) Regulations

On the 21st February 2023, L.N. 41 of 2023, the Companies Act (Public Companies – Annual General Meetings) (Repeal) Regulations 2023 (the “Repeal Regulations”) were published, repealing the provisions of S.L. 386.23 (Companies Act (Public Companies – Annual General Meetings) Regulations) (the “Regulations”). The Regulations were published on the 10th July 2020 and were one […]

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EBA issue Draft Regulatory Technical Standards on identification of groups of connected clients

On 21 December 2022, the European Banking Authority (“EBA”) published its final Draft Regulatory Technical Standards (“RTS”) on the identification of a group of connected clients (“GCC”) under Article 4 paragraph 1 number 39 of the Capital Requirements Regulation (“CRR”).The draft RTS, in conjunction with the EBA Guidelines on connected clients, provides a complete framework […]

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Transposition of the Mobility Directive – Guaranteeing a Company’s Right to the Freedom of Establishment

Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions (the “Mobility Directive”) aims to ensure the right of freedom of establishment of companies incorporated within the Union by harmonising the provisions applicable to cross border operations with a view to strengthening the single market, whilst protecting the rights of all stakeholders involved. As outlined […]

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