Tuesday 28 November 2023
09:00 | Recent Developments & Issues Relating to Company Law
Dr Nicola Buhagiar | Camilleri Preziosi Advocates
This session will focus on some of the latest company law developments and corporate governance trends.
10:00 | Dealing with Day to Day Issues of Company offices
Dr Stuart Firman | Ganado Advocates
This session will discuss certain practical issues which Company Officers face on a day-to-day basis with respect to daily and occasional transactions including issues with regards to the operations of corporate governance as well as with respect to filings which need to be made with the Malta Business Registry.
11:00 | Break
11:15 | Green Economy & Sustainability
Dr Tiziana Filletti | University of Malta
The element of corporate governance within the ESG metrics will be discussed with a particular focus on the green economy and how it impacts sustainability. While so far most of the attention has centred chiefly on environmental performance and certain social indicators, there has been comparatively little emphasis on corporate governance. Key factors that must be included within the ‘G’ in ESG will be examined. Basic governance indicators such as business ethics, board composition, corporate leadership and anti-corruption procedures are some of the topics which will be dwelt upon. In addition, several domestic initiatives spearheaded by local authorities to promote green initiatives will be addressed. The recent issue of local green bonds is one such initiative that should leave a positive impact. The overall aim is to raise the level of awareness on corporate governance since it is good governance that serves as the solid foundation necessary for companies to build an effective ESG strategy.
12:15 | Close of Session
Friday 01 December 2023
09:00 | The New MBR Online System
Dr Geraldine Spiteri Lucas | MBR
The Malta Business Registry’s new online system will be going live soon. This shall pave the way for the materialization of the entity’s long-term vision, that of going paperless by 2025. It offers significant new elements from Corporate Accounts Feature where companies need to delegate an administrator who will create a corporate account and manage the company’s users linked to the latter top-up accounts, to name reservations, applying for a Qualified Digital Signature and can be used can be used for the submission of all commercial partnerships and statutory forms through the online platform. A step which reflects Malta Business Registry’s commitment to assist better businesses particularly in taking that leap forward in embracing further digitalization in their operations. The new online platform will provide features aimed at easing processing for companies and corporate services providers.
10:00| Nurturing Effective Corporate Governance
Dr Petra Attard | Mamo TCV
Corporate governance is essential for enabling efficient management and business operations. It fosters transparency, accountability and ethical behaviour. Corporate governance incorporates the duties of the Board of directors and their interactions with the company’s shareholders, management, external auditors, and regulators.
In this session we will look at the importance of a company’s memorandum and articles of association in enhancing corporate governance and the role of the board of directors and shareholders. The session will also discuss the MFSA’s Corporate Governance Code published in August 2022.
11:00 | Break
11:15 | The Insolvency Framework, Preventive Restructuring & Money Laundering
Dr Ingrid Hamilton | MBR
The session will give an overview of the new insolvency framework introduced in Maltese law as a result of the coming into force of EU Directive 2019/1023.
Moreover, the session will delve into the practical application of these provisions in parallel jurisdictions and analyse how it has given debtors in financial difficulty alternative preventive measures to increase the efficiency of restructuring procedures and to assist with the discharge of debt. With this introduction, we now have an effective tool for the restructuring of failing businesses as soon as they start facing the likelihood of insolvency. This seminar will provide a general outline of the most salient features and benefits of preventive restructuring plans, the newly introduced concept of Insolvency Practitioners as well as exploring the downfalls associated with complex insolvency proceedings, including the possibility of money laundering.
Dr Damian Cassar is a legal officer within the Legal and Enforcement Unit at the Malta Business Registry. He graduated with a Doctor of Laws from the University of Malta in 2017. In 2018 he was admitted to the Bar to exercise the profession of an advocate before Maltese Courts and Tribunals following more than two years of practice with one of the leading lawyers on the island. The following year, in 2019, he obtained a Professional Award in Taxation from the Malta Institute of Taxation. Currently he is reading for a Masters in Blockchain and Distributed Ledger Technologies (Law and Regulation) within the same University, focusing on aspects relating to information technology law, DLT uses and smart contracts.
Dr Nicola Buhagiar is a senior associate in the corporate and capital markets team of Camilleri Preziosi. She has assisted on public issues of both debt and equity instruments listed on the official list of the Malta Stock Exchange. She is also frequently involved in M&A transactions spanning a wide array of industry sectors.
Dr Stuart Firman is an Associate within Ganado Advocates’ corporate finance team, regularly assisting clients in the areas of corporate and commercial law, with an emphasis on domestic and cross-border mergers and acquisitions, corporate reorganisations and cross-border transactions. Stuart also provides advice to clients on Foreign Direct Investment (FDI) law and assists them with FDI notifications.
Dr Tiziana Filletti is the Head of Department of Commercial Law and a resident lecturer in Company Law and Corporate Insolvency Law at the Faculty of Laws, University of Malta. She obtained a Doctor of Philosophy (Ph.D.) degree in Corporate Insolvency Law. She also graduated with a Bachelor of Laws (B.A. Legal & Humanistic Studies) degree summa cum laude, Diploma of Notary Public (Dip.Not.Pub.) and Doctor of Laws (LL.D.) from the University of Malta. She furthered her studies at the International Maritime Law Institute where she was awarded a Master of Law (LL.M. IMO-IMLI) degree with distinction. As a Chevening Scholar she read law at the University of Oxford where she was awarded a Magister Juris (M.Jur.) degree in Company Law and Corporate Insolvency Law. More recently she was a speaker at a conference organised by the University of Bari dealing with “the international impact of the European Union’s actions on intergenerational equity between environmental and social policies” (Dipartimento di Giurisprudenza, Universita’ degli studi di Bari Aldo Moro, Italy 2022), a guest speaker at the Annual Company Law Conference (Chamber of Advocates, 2022) with a presentation on “Practical Ways to enhance Maltese law on Corporate Insolvency and Debt-Restructuring” and a key-note speaker at the Insolvency Conference on the Insolvency Practitioners Act (Malta Taxation Academy, 2023). In 2020 she published a book entitled, Modernising Corporate Insolvency Law and Debt Restructuring in Malta.
Dr Geraldine Spiteri Lucas is the Chief Exeuctive Officer / Registrar of the Malta Business Registry and is responsible for the overall management and performance of the Registry, as well as the strategy development and implementation of the Business Register. She has played a pivotal role in bringing about key changes within the entity that were crucial in updating the registry in line with european and international criterias.
Dr Petra Attard is a senior associate in the corporate and insurance law practice group of the firm. She regularly assists clients on corporate and regulatory matters involved in the insurance industry, including advice on corporate governance matters, legal and regulatory matters, compliance matters, as well as legal assistance in the establishment and MFSA authorisation process of insurance and reinsurance undertakings and intermediaries.
Dr Ingrid Hamilton was appointed Official Receiver and Head of the Insolvency and Receivership Service within the Malta Business Registry in April 2023. Prior to her appointment, she was a Senior Associate with one of Malta’s leading law firms within its shipping and aviation department, focusing primarily on matters related to asset management and finance in the shipping and aviation sector. Dr Hamilton graduated Doctor of Laws from the University of Malta in 2010 and furthered her studies with a Master of Arts degree in Matrimonial Canon Law and Jurisprudence. She was called to the Bar in 2011, obtaining her warrant to practice in the Maltese Courts.
