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PEPP Regulation: New Legal Notice and MFSA Consultation Document

Regulation (EU) 2019/1238 (the PEPP Regulation) came into force on the 22nd March 2022, and regulates the setting up and distribution of pan-European Personal Products. These products aim to target the younger generation and mobile workers and to help facilitate further the right of European Union citizens to live and work across the European Union….

SFDR: European Commission adopts disclosure rules on sustainable investments

The European Commission has adopted a Delegated Regulation with regulatory technical standards (RTSs) to be used by financial market participants and financial advisors when disclosing sustainability-related information under the Sustainable Finance Disclosures Regulation (SFDR). The Delegated Regulation specifies the exact content, methodology and presentation of the information to be disclosed, thereby improving its quality and…

The CJEU confirmed the application of the Private Copying Exception to the Cloud

The Court of Justice of the European Union has recently pronounced itself, on the application of the private copying exception with respect to unauthorised reproductions of copyright protected works which are stored through cloud computing and storage services. In the Case C-433/20, the Viennese Higher Regional Court referred a preliminary ruling to the Court of…

SMEs may apply for a maximum reimbursement of €1,500 for trademark fees

The European Commission has launched a grant scheme designed to help SMEs based in the EU to register their intellectual property rights. This scheme, referred to as the Ideas Powered for business SME Fund is being implemented by the European Union Intellectual Property Office and will run until the 16th of December 2022. Through this…

Have You Had Land Expropriated But Never Got Compensated? Your Deadline to Claim Compensation May Be Looming

A brief overview of Expropriation Legislation Expropriation in simple terms is the mechanism by which the Government acquires private property for the benefit of the public, often against the wishes of the owner. Five years ago, on the 25th of April, the Government Lands Act came into force by way of ACT XVII of 2017 which…

MFSA issues Circular on the Issue of New Crowdfunding Rules

In a circular dated today the 25th January 2022 issued to all market participants particularly prospective Crowdfunding Service Providers, the MFSA announced the issuance of new Crowdfunding Rules effective as from the 10 November 2021. These Rules address requirements to which authorised Crowdfunding Services Providers are required to adhere to and cover the technical standards…

Amendments to The Protection of the Whistleblower Act: What Employers need to know

The Protection of the Whistleblower Act, CAP 527 of the Laws of Malta (the “Whistleblower Act”), which became part of our legislation in 2013, was recently revised with the aim of transposing the requirements of the EU Directive 2019/1937 on the protection of persons who report breaches of Union law into our law. The new…

Maltese Funds Register Largest Percentage Growth in Europe

In terms of the latest statistical analysis of Collective Investment Schemes (CIS) published by the MFSA, Alternative Investment Funds (AIFs) registered in Malta have reached an aggregate net asset value of €17.7 billion as at the 30th June 2021, rising by €3.3 billion or 23.4% when compared to end of 2020. This placed Malta in…

Revised Capital Markets Rules

MFSA has revised Chapters 5, 11 and 12 of the Capital Markets Rules (the ‘Rules’) as part of the transposition process of the Shareholder Rights Directive II[i] and pursuant to changes required in terms of the Central Counterparties Regulation.[ii] The amendments to the Rules consist of the following: Amendments to Chapter 5 Transactions entered into…

Capital Markets Union

Following on the 2020 Capital Markets Union Action Plan, the European Commission has adopted a number of measures to better connect EU companies with investors. The proposals are aimed to: improve the ability of companies to raise capital across the EU; broaden investment opportunities for retail investors; further integrate EU capital markets; facilitate Europe’s recovery…