NEWS
Land arbitration board awards landowners moral damages
Expropriation - Public purpose and public use Cases upholding a property right violation are certainly not novel in Malta. For many years, a great deal of applicants have instituted human rights proceedings before the First Hall and the Constitutional Court, with some...
Changes to WhatsApp Privacy Policy
Anti-Competitive measures and consumer rights questioned Messaging platform WhatsApp recently made headlines after it announced changes to its privacy policy. As of March of 2020, WhatsApp boasted circa two billion active users, arguably in part due to its end-to-end...
Law on agricultural leases is declared to breach owners’ fundamental human rights: Now what?
The Right to Enjoyment of Property In the last few years, the Maltese Courts of Law have been inundated with actions for damages by property owners who claim that their fundamental human right to enjoyment of property is being breached by old Maltese rent laws. Their...
Rent Laws – Maltese Courts Continue to Uphold Landlords’ Rights
Companies entitled to right to property A recent judgment delivered by the First Hall of the Civil Court has confirmed that the right to property is vested not only in a natural person but also in legal persons.. In B&S Agencies Limited v Melita Mamo et, the...
The Commissioner for Revenue published the DAC6 guidelines
The Commissioner for Revenue (CfR) has published the Guidelines on the Mandatory Automatic Exchange of Information in relation to Cross-Border Arrangements (the “Guidelines”) issued via Subsidiary legislation 123.127 which focuses on the transposition of the DAC6 into...
Jurisdiction Over Contracts of Employment
New amendments to the Employment and Industrial Relations Act on Fixed-Term Contracts Act LVIII of 2020 amending the Employment and Industrial Relations Act published on the 11 December 2020, addresses issues raised in a judgement of the Court of Appeal decided on the...
Malta’s Sovereignty & the Jurisdiction of Maltese Courts
Is a Status of Force Agreement (SOFA) with the United States incompatible with Malta’s neutrality clause in the Constitution? What is a Status of Force Agreement (SOFA)? The Status of Force Agreement finds its footing in military alliances and the presence of military...
Two Bills in Parliament Promoting Human Rights, Equality and Non-Discrimination
Bill 96 and Bill 97 read for the first time at the Parliamentary sitting of 17 July 2019 provide for the prohibition of discrimination in various spheres of life and for the establishment of the Human Rights and Equality Commission respectively. These two Bills have...
Malta Property Private Residential Leases – One Year On
It has been almost one year since the coming into force of The Private Residential Leases Act (Chapter 604, Laws of Malta) aimed to regulate the residential letting sector, and placing such contracts under the watch of the Housing Authority. The law got off to a shaky...
Consequences of Brexit on Intellectual Property Rights
Following the UK exit from the EU, on the 1st January 2020 the UK shall no longer be an EU member state and UK citizens will no longer be members of EU. However, there was a transition period throughout which Union law continues to be applicable to and in the UK and...
The FIAU publishes a Revised version of the Implementing Procedures – Part I
Following the issues highlighted by the Moneyval’s Mutual Evaluation Report (2019) for Malta, which drew up a number of recommendations for local authorities to adopt in order to avoid being black-listed, the Financial Intelligence Analysis Unit (FIAU) has issued an...
Malta Government Budget for 2021 – Impact on Property Sales & Transfers
The 2021 Malta budget was announced in Parliament by the Minister of Finance on 19th October 2020. The following is a brief review of the budget measures concerning transfers of immovable properties. Property Tax & Stamp Duty exemptions on purchase of property...
The Guidance on the Register of Beneficial Owners of Commercial Partnerships issued by the MBR
The MBR published on the 5th October 2020 a guidance on the Register of Beneficial Owners of Commercial Partnership which provides an overview of requirements in terms of the Companies Act (Register of Beneficial Owners) Regulations. Legal Notice 374 of 2017...
The Revised Implementing Procedures Part II for Remote Gaming Sector
The FIAU (“Financial Intelligence Analysis Unit”) published on the 2nd July 2020 and in cooperation with the MGA (the “Malta Gaming Authority”), the revised version of the Implementing Procedures Part II for the Remote Gaming Sector with the aim to reflect realities...
New Regulations to the Malta Aviation and Shipping Companies: Shipping and Aviation Cell Companies Regulations 2020
As of 3rd March 2020, with the introduction of Act V of 2020 which amended various financial services laws including the Companies Act, there is the possibility of setting-up Cell companies also within the areas of maritime and aviation, which up till now, was...
The Companies Act Register (Register of Beneficial Owner) (Amendment) Regulations, 2020
The Companies Act (Register of Beneficial Owners)(Amendment) Regulations came into force on the 16th June 2020 by means of Legal Notice 247 of 2020 which has introduced a number of changes to further implement the Companies Act (Register of Beneficial Owners)...
Cohabitation Act
A new Cohabitation Act repealing the previous Cohabitation Act has recently been implemented. Act XXVII of 2020 has completely overhauled the previous Act introducing new provisions and definitions. Definition of Cohabitant A “cohabitant” is defined as a person who is...
Covid-19 Measures & Financial Assistance for Company Recovery Procedures
On the 12th May 2020, Legal Notice 192 of 2020, Companies Act (Company Reconstruction Fund) Regulations 2020 (the “Regulations”) was published to create and regulate the administration of a fund known as the Company Recovery Fund intended to facilitate company...