Published on November 11, 2019
Tags: company law
Corporate, Corporate Recovery & Insolvency
This review was co-authored with Ivan Vella
Companies are nothing but the product of a legal fiction, in that they only possess the ability to do business and enter into contractual arrangements because the law grants them the ‘personality’ to do so. Unlike human beings, companies are not persons in the physical sense of the word.
Published on November 11, 2019
Tags: Corporate, Joint Ventures
By far the most commonly, though not exclusively, used vehicle for setting up and operating a corporate joint venture (JV) in Malta is the private limited liability company. If the joint venture parties are crystal clear on how they wish to collaborate and on the manner in which power will be wielded among them, the joint venture may be set up relatively quickly but should by no means be a rushed or thoughtless exercise. The detailed elements regulating the joint venture are commonly fleshed out in a joint venture or shareholders’ agreement (JVA). Oftentimes, the joint venture parties are keen on keeping the operational and commercial details of the venture private which is why it is useful that in terms of the Maltese Companies Act it is only certain key elements of the structure that must mandatorily be replicated into the company’s memorandum and articles of association (M&A) which enter the public domain.
Published on November 5, 2019
Tags: Banking, Consumer Protection
General Commercial & Contract Law
On 11 September 2019, the Court of Justice (First Chamber) delivered its opinion in the Polish case Lexitor sp. z o.o. (C-383/18) interpreting Article 16(1) of EU Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers following the opinion of Advocate General Hogan which was delivered on 23 May 2019.
Published on November 4, 2019
Tags: Blockchain, Fiduciary Obligations
Fintech & Blockchain
This contribution was first published in Trust Quarterly Review (Vol17 Iss3), pp.27–38
James Debono, Leonard Bonello
Published on October 30, 2019
Tags: Banking, Fintech
Issue no.8 (September 2019) of the Banking & Fintech Newsletter is now available.
Jotham Scerri-Diacono, Jan Rossi, Marcus Rizzo Naudi
Published on October 18, 2019
Tags: Shipping, Shipping sale, Yachting
Shipping sale, purchase & charterparties, Yacht & Superyacht Registration
First published in the Journal of International Maritime Law (JIML) vol 25 (2019) Issue 2 at 156-60 by Lawtext Publishing Limited (www.lawtextpublshing.com)
Published on October 4, 2019
Tags: GDPR, Right to be forgotten
Data Protection & Privacy
In the case of Google LLC (as successor in law to Google Inc) vs Commission Nationale de l’informatique et des libertés (“CNIL”) decided by the Court of Justice of the European Union (the “CJEU” or the “Court”) on the 24 September 2019, the Court delivered a landmark preliminary ruling with respect to the applicability of the ‘right to be forgotten’ within the European Union.
Jan Rossi, Ilias Theocharis
Published on October 2, 2019
Tags: Ship Finance, Shipping, Shipping sale
Ship Finance & Mortgages, Shipping sale, purchase & charterparties
The popularity of sale and leaseback transactions is now evident to whoever is involved in the shipping industry. In the current global ship finance scenario, financiers and ship-owners now appear comfortable in selecting this method of finance for maritime assets.
Clement Mifsud-Bonnici, Nigel Micallef
Published on September 25, 2019
Tags: Judicial Review
The First Hall Civil Court (the “Court”) held in a recent case that the general requirement for a claimant to warn Government entities of its intention to file a lawsuit before doing so by means of a judicial letter under Article 460 of the Code of Organisation and Civil Procedure (the “COCP”) does not apply when the lawsuit relates to judicial review of administrative actions of Government under Article 469A COCP. The crux of the case at hand revolves around the relationship between two articles found in the COCP, being Article 460 and 469A.
Nicholas Curmi, Beppe Degiorgio
Published on September 24, 2019
Tags: Debt Capital Markets
Debt Capital Markets
This contribution was first published in Practical Law Global Guide 2019.