Author: conceptstadium

11/03/2021
By conceptstadium
Law
No Comments

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, […]

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. […]

24/02/2021
By conceptstadium
Law
No Comments

What is the SFDR and what are its main requirements for the financial market participants?

With effect from 10th March 2021, Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability-related disclosures in the financial services sector (the ‘SFDR’) will start to apply. This write-up purports to provide the readers with a high-level summary of the main requirements that emanate from the SFDR […]

12/10/2020
By conceptstadium
Law
No Comments

Can a contractual clause be considered as a “monetary asset” in terms of article 300A of the Companies Act?

On the 29th of September 2020, the Commercial Court considered article 300A of the Companies Act, Chapter 386 of the laws of Malta, and delved into further detail on what could constitute an “asset” according to the same provision. The merits of this case regarded a vendor company which, by means of a contract of […]

25/09/2020
By conceptstadium
Law
No Comments

New Legal Notice allows for the extension of commercial emphyteutical concessions by application

The Ministry for Transport, Infrastructure and Capital Projects, has recently published Legal Notice 369 of 2020, entitled “Extension of Temporary Emphyteusis in a Contract for a Commercial Premises Transferred from the Government, the Lands Authority or Ecclesiastical Entities by Title of Emphyteusis Regulations, 2020”. According to these new regulations, as of the 5th of October […]

22/09/2020
By conceptstadium
Law
No Comments

The Court nullifies an order for expropriation and orders the Royal Malta Yacht Club to vacate the land in question

On the 30th of October 2015, the Constitutional Court confirmed a decision by the First Hall Civil Court, dated 15th July 2014, wherein it declared that the expropriation of the utile dominium of a piece of land found on Triq ix-Xatt, Ta’ Xbiex, which is presently occupied by the Royal Malta Yacht Club, was carried […]

11/09/2020
By conceptstadium
Law
No Comments

Tax Rebate rules on the income derived from Private Residential Leases

According to the Private Residential Leases (Tax Rebate) Rules, 2020 (Legal Notice 258 of 2020) issued on the 23rd of June 2020, a person who derives income from a private residential lease could be entitled to a tax rebate if all conditions are satisfied as hereinunder explained. These rules apply to income derived on or […]

04/09/2020
By conceptstadium
Law
No Comments

Real Rights vs Personal Rights – What is What in the confines of a Contract of Sale between two parties (Vendor A and Purchaser A) as well as a respective third and separate party (Purchaser B)?

In a situation where a vendor (the original vendor) has sold a property by way of a contract of sale, and his purchaser (Purchaser A) later contracts into a second contract of sale with a second purchaser (Purchaser B), the question is – would Purchaser B be bound by the conditions of the original contract […]

03/08/2020
By conceptstadium
Law
No Comments

Landmark constitutional reforms unanimously approved by Parliament

On Wednesday 29th July 2020, Parliament unanimously approved Bills no. 140 and 141 of 2020 at Committee Stage, before it adjourned for summer recess. These Bills endeavour to make significant reforms to the Constitution of Malta, by amending the appointment of the President of Malta; the Chief Justice; Judges and Magistrates; and altering the composition […]

Auditors to shoulder a portion of the damages suffered by a creditor company which relied on published accounts in extending its credit to a debtor company

On the 9th of July 2020, the Court of Appeal presided by Mr. Justice Giannino Caruana Demajo, Mr. Justice Joseph R. Micallef and Mr. Justice Anthony Ellul, pronounced itself in its appellate state with regards to a previous decision of the First Hall Civil Court. The Court of Appeal confirmed that the defendants, auditors of […]

Recent updates: