Principles of Maltese Company Law (2nd. Ed.) by Prof. Andrew Muscat

Authors: Conrad Portanier
Published on November 11, 2019
Practices: Corporate, Corporate Recovery & Insolvency
Book Review

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. 

Corporate Considerations Relating to Joint Ventures in Malta

Authors: Annalise Papa
Published on November 11, 2019
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Practices: Corporate
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.

Recent Developments in EU Consumer Protection: Judgment of the Court of Justice (First Chamber)

Authors: Christina Scicluna
Published on November 5, 2019
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Practices: 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.

The ‘right to be forgotten’ within the European Union

Authors: Saman Bugeja
Published on October 4, 2019
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Practices: 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.

The Malta flag: shipping funds and sale and leaseback transactions

Authors: Jan Rossi, Ilias Theocharis
Published on October 2, 2019
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Practices: 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.

Malta Court removes Government litigation privilege in judicial review cases

Authors: Clement Mifsud-Bonnici, Nigel Micallef
Published on September 25, 2019
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.