Publications

Mind your IBANS, says CJEU

Authors: James Debono
Published on December 5, 2019
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Practices: Banking Regulatory
At the end of March this year, the European Court of Justice (CJEU or the Court) explained the principles behind Articles 74 and 75 of Directive 2007/64 (Payment Services Directive or PSDI) which provisions relate to payment orders effected by means of a bank transfer following the input of the incorrect unique identifier (such as an international bank account number or IBAN) by the payer. PSDI defines a ‘unique identifier’ as a combination of letters, numbers or symbols specified to the payment service user by the payment service provider and to be provided by the payment service user to identify unambiguously the other payment service user and/or his payment account for a payment transaction.

Shipping & Maritime Law Newsletter – Issue No. 28 (October 2019)

Authors: Jotham Scerri-Diacono, Jan Rossi, Saman Bugeja, Ilias Theocharis, Marcus Rizzo Naudi, Rachel Genovese, Matthew Attard
Published on November 18, 2019
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Practices: Ship Finance & Mortgages, Ship Registration, Shipping Compliance, Shipping sale, purchase & charterparties, Admiralty & Maritime Litigation, Yacht & Superyacht Registration
Issue no. 28 of the Shipping & Maritime Law Newsletter is now available.

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

Authors: Conrad Portanier
Published on November 11, 2019
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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.