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A secured roof over a pre-1995 leasing tenant – a well awaited win for the underdog! Tax on the assignment of the rights on a Promise of Sale Dr Nicole’ Ann Demicoli made partner & Dr Joseph Camilleri promoted to Senior Associate with Salibastafrace Legal

A secured roof over a pre-1995 leasing tenant – a well awaited win for the underdog!

On the 30th July 2021, the Rent Regulation Board, presided over by Magistrate Dr Simone Grech, in the case Ann sive Felicity Wismayer vs. Patricia Engerer brought forward the eviction of a tenant pertaining to the pre-1995 residential leasing regime, as requested by the plaintiff after having initially obtained a favourable judgment, delivered by the […]
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Dr Nicole’ Ann Demicoli made partner & Dr Joseph Camilleri promoted to Senior Associate with Salibastafrace Legal

Dr Demicoli joined the firm in 2019 as a senior associate and currently forms part of the firms’ Financial Services and Corporate Law branches.  Nicole’ obtained a Doctor of Laws Degree (LL.D.) in 2009 and a Master of Laws Degree in Financial Services in 2011 from the University of Malta. Nicole has been admitted as […]
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Curbing Money Laundering Activities: Limit of €10,000 on Cash Transactions and other Valuables.

In an effort to combat the ever‐growing need to regulate cash transactions for money‐laundering purposes, the government, in October 2019, announced a policy decision by which cash payments for certain high‐value goods were restricted. Subsidiary legislation 373.04 was published on the 9th of March 2021 as Legal Notice 81 of 2021, coming into effect on […]
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Are Electronic Signatures (E-Signatures) Reliable?

In the wake of the COVID-19 pandemic, businesses saw unprecedented logistical and operational challenges as jurisdictions across the globe, imposed travel and social distancing restrictions. This state of affairs had the effect of popularising the use of electronic signatures (also known as E-Signatures), with the scope of accommodating to new realities. E-Signatures provide an alternative […]
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Warrant of Prohibitory Injunction Issued: A Maisonette Owner requests to inhibit the Airspace Owner from constructing Additional Floors due to the Potential Aggravation of Easements

In a case brought before the First Hall Civil Court, a plaintiff, owner of a maisonette underlying a block of apartments, brought an action against a defendant with the scope of impeding the latter as airspace owner, from building an additional three floors. The plaintiff requested that the court issues a warrant of prohibitory injunction, […]
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From Illegitimate Building Works to Illegitimate Demolition Orders: How Good Faith Saved the New Owner from Demolition of his Property in the Municipality of Torre del Greco

On the 31st of March 2021, The Regional Administrative Court of Campania (Third Section) amongst other things held, that good faith can save the new owner from a demolition order on account of irregularities which happened years earlier which the Municipality had not noticed until recently. The dispute arose between the Municipality and a citizen […]
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The court declares itself on the conduct of a commercial partnership alleged to be contrary to the interests of its members as a whole

In a case brought before the Civil Court (Commercial Section), presided over by Mr. Justice Joseph Zammit McKeon, and decided on the 25th of February 2021, the conduct of a commercial partnership en nom collectif, made up of three partners, was brought under scrutiny. One of the partners filed judicial proceedings against the other partners, […]
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Guidance Note on the Recovery Measure regarding Income Tax and Duty on Documents and Transfers

The Capital Transfer Duty Department and the Office of the Commissioner For Revenue have published the revised guidelines in connection with the extension of the above-captioned fiscal incentives. The Guidance Note can be viewed here: https://cfr.gov.mt/en/inlandrevenue/legal-technical/Documents/Guidance%20Note%20on%20Recovery%20Measure%20ITA%20DDTA.pdf It is also confirmed that: The deadline for the publication of final deeds is now extended to January 2022. […]
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