The unconstitutional nature of property devolving on the Government of Malta following the procedure to render a company defunct Introduction On 12 October 2023, the First Hall of the Civil Court in its Constitutional Jurisdiction delivered a landmark ruling in the case Carmel Cortis et vs. Office of the Prime Minister et ...
It’s the final countdown, with only one year to go before EU member states must transpose the EU’s new Network and Information Security 2 Directive (“NIS 2”) into national law. Key Dates EU Member States have until 17 October 2024 to transpose NIS 2 into national law and those national laws will apply to organisations as early as 18 October 2024. Enforcement is likely to start from 17 January 2025, in line with parallel legislation affecting financial services ...
On September 29, 2023, the Equal Employment Opportunity Commission (“EEOC”) published new proposed enforcement guidance ("the Proposed Guidance”) on harassment in the workplace. This is the first proposed EEOC guidance on workplace harassment since the turn of the century ...
The idea of achieving purpose alongside profit has been part of the business world for centuries, but the importance placed on it has reached new heights in recent years with an increased focus on ESG (Environmental, Social and Governance) issues, informed by a longer-term view that we cannot afford to pursue profit without consideration for people and our planet ...
For a long time, socialising at work was synonymous with drinking alcohol, but in recent times we have seen this trend start to shift. This is positive news for employers who risk social events centred around alcohol inadvertently isolating those to choose not to drink. With minimal alternatives available in the past, some employees have felt a certain pressure to drink at events to ‘keep up’ with colleagues ...
Last week was filled with noteworthy developments in the cryptocurrency industry, Rachel Wolcott of Thomson Reuters Regulatory Intelligence has spotlighted two important articles. The first article focuses on Binance's compliance with the UK Financial Conduct Authority's (FCA) new financial promotion rules, while the second delves into HTX (formerly known as Huobi) and its status on the Seychelles corporate register of crypto exchanges. Let's take a closer look at these significant events ...
After a public consultation process, on October 11, 2023, the Financial Market Commission ("FMC") issued the new General Rule No. 498 (“NCG 498”), that regulates the complementary activities that may be developed by bank or non-bank payment card operators ("Operators”) ...
The UAE recently enacted Federal Decree Law 15 of 2023 (theAmendment) making certain changes to the provisions of the law governing arbitration, Federal Law 6 of 2018 (theArbitration Law). These changes are consistent with the UAE’s forward-looking approach to arbitration. Some of the key amendments are highlighted below ...
Mexico has just announced significant tax incentives for companies in certain key industries to relocate operations to Mexico. A government decree issued on October 11, 2023 seeks to boost the nearshoring trend targeting ten export-oriented manufacturing sectors. Nearshoring is the process by which a company relocates operations offshore, but close to the market where it intends to sell its products ...
Following from the recent geopolitical developments in Ukraine, there has been a heightened interest in sanctions, specifically, those sanctions being imposed against Russia ...
On the 1st of September 2023, Legal Notice 208 of 2023 was published in the Supplement to the Government Gazette by the title of the Financial Collateral Arrangements (Amendment) Regulations (hereinafter referred to as the “Amendment Regulations”) ...
The Finnish government proposes significant changes to transfer taxation. Transfer tax is levied on the acquisition of shares and other securities and real property. The proposed changes may have significant effects to the taxation of M&A and real estate transactions. Some of the proposed changes will decrease the tax burden while some will result in increased tax liability. The most significant changes include: The general rate for securities (1 ...
Introduction In 2023, where do we stand in terms of liability where smart products are concerned? The rules governing product liability set out in the Civil Code of Québec were introduced early in the 20th century in response to the industrial revolution and the growing number of workplace accidents attributable to tool failures ...
On June 22, 2023, the federal government significantly expanded the reporting requirements for certain so-called avoidance transactions, in particular with respect to termination agreements.1 The new rules will make it easier for the Canada Revenue Agency (CRA) to detect certain avoidance schemes, conduct tax audits and issue notices of assessment and penalties more quickly when warranted ...
In the case 44/2023/ISB delivered on 6th October 2023, the applicant, a majority shareholder in a company requested the Civil Court (Commercial Section) to fix a date for an extraordinary general meeting of the company under Art 132(1) of the Companies Act in an attempt to remove two directors from the Board of Directors without adequately proposing replacements ...
The new commercial transactions law (Federal Decree Law 50/2022), which abrogated Federal Law 18/1993, has significantly reduced the period of limitation for initiating action relating to commercial transactions between ‘merchants’ from ten years to five years. Application of the new commercial transactions law The new commercial transactions law applies to merchants and all forms of commercial activities ...
Expectations are increasing and there is mounting pressure from investors and consumers for private and public sector organisations and charities to be seen to be doing something about ESG factors, including equality, diversity and inclusion. Diversity and inclusion are increasingly recognised as crucial factors in building sustainable and successful supply chains in the private, public and charity sectors ...
If you have been doing business with entities in the European Union, chances are that you have struggled to figure out how to transfer data from the EU to the US without running afoul of the General Data Protection Regulation (GDPR). You are not alone. The EU and US have struggled to create “adequate” safeguards for the transfer of personal data since 2000. The first set of guidelines, the Safe Harbor Privacy Principles, was adopted in 2000 ...
The Department of Justice (DOJ) hopes to incentivize timely disclosure of misconduct uncovered during the M&A process with the announcement of a Department-wide Safe Harbor policy on October 4, 2023. The policy, which applies across the entire DOJ, shields companies from criminal prosecution for misconduct they discover in companies they are acquiring or have recently acquired ...
Mamo TCV Advocates will once again be participating in MACE, the Malta Aviation Conference & Expo, taking place between the 11th and 12th of October, 2023 at the Hilton, Malta. Dr Nicholas Valenzia, Partner heading the Aviation & Shipping Practice Areas of the firm, Dr Joshua Chircop, Senior Associate, and Dr Aleandro Mifsud, Associate, will be attending the conference ...
As we navigate a rapidly changing digital landscape, upskilling our people continues to be a priority. In response, the innovators at MinterEllison developed Mintcoin, an internal crypto currency designed to reward participation in the firm’s Digital Academy program and innovation initiatives. We’re thrilled to announce that this initiative has secured MinterEllison a spot on the AFRs Most Innovative Companies list for 2023 ...
