[{"data":1,"prerenderedAt":220},["ShallowReactive",2],{"$fHkuVARwxWM2UUzAptJM2CH4tI6c1BpcXtjnrrGRD54I":3,"$fI3QWa6NbgWnPLT9jtZTFk7O5Mdo7J-4rf6gIJsEJ8PE":24,"site-settings":198},[4,8,12,16,20],{"id":5,"label":6,"to":7},2,"Home","\u002F",{"id":9,"label":10,"to":11},3,"The Firm","\u002Ffirm",{"id":13,"label":14,"to":15},4,"Practices","\u002Fpractices",{"id":17,"label":18,"to":19},5,"Insights","\u002Finsights",{"id":21,"label":22,"to":23},6,"Contact","\u002Fcontact",{"id":25,"slug":26,"name":27,"position":28,"email":29,"phone":30,"linkedin":31,"facebook":32,"twitter":32,"photo":33,"bio":34,"bioHtml":35,"insights":36,"practiceAreas":197},1,"alain-muscat","Alain Muscat","Partner","amuscat@muscatmizzi.com","+356 21 241577","https:\u002F\u002Fwww.linkedin.com\u002Fin\u002Falain-muscat-7189a37b\u002F",null,"\u002Fimages\u002Fteam\u002Falain-muscat-portrait.webp","Dr. Alain Muscat is an accomplished lawyer with dual expertise in law and finance. Holding a Doctor of Laws (LL.D.) degree from the University of Malta and a Master of Science (M.Sc) in Law and…","\u003Cp>Dr. Alain Muscat is an accomplished lawyer with dual expertise in law and finance. Holding a Doctor of Laws (LL.D.) degree from the University of Malta and a Master of Science (M.Sc) in Law and Finance from the University of London, Queen Mary he blends legal acumen with a keen interest in financial markets. Specialising in corporate law, finance, as well as intellectual property. Dr. Muscat offers comprehensive legal solutions tailored to his clients' needs.\u003C\u002Fp>\r\n\u003Cp> \u003C\u002Fp>",[37,45,52,57,64,71,78,84,91,98,105,112,118,124,130,137,143,149,156,162,168,173,180,185,191],{"id":38,"slug":39,"title":40,"excerpt":41,"date":42,"category":43,"image":44},186,"court-of-appeal-overturns-arbiters-decision-in-favour-of-appellant","Court of Appeal Overturns Arbiter’s Decision in Favour of Appellant","In a judgment delivered on 18th September 2024, the Maltese Court of Appeal, presided by Hon. Judge Lawrence Mintoff, ruled in favour of the appellant, overturning a prior decision by the Arbiter for Financial Services (the \"Arbiter\"). This decision underscores the importance of procedural fairness in legal proceedings before the Arbiter and clarifies the limits of liability for trustees, especially during transitions between trusteeships.","September 2024","Financial And Investment Services Disputes","https:\u002F\u002Fadmin.muscatmizzi.com\u002Fstorage\u002Fmedia\u002FzrwZZeC2gf0pfqUJBVNeecDIWnPV7XVWC354LGGv.jpg",{"id":46,"slug":47,"title":48,"excerpt":49,"date":50,"category":51,"image":32},172,"muscat-mizzi-advocates-hosting-the-it-ip-law-group-europe-in-malta","Muscat Mizzi Advocates hosting the IT IP Law Group Europe in Malta","We are delighted to be hosting the IT IP Law Group Europe in Malta this weekend.","May 2022","Technology & IP Transactions",{"id":53,"slug":54,"title":55,"excerpt":56,"date":50,"category":32,"image":32},171,"freedom-of-information-law-challenged-in-the-constitutional-court","Freedom of Information Law Challenged in the Constitutional Court","We are proud to be assisting the Daphne Caruana Galizia Foundation, together with our colleague Dr. Claire Bonello, in constitutional proceedings, in which we seek to challenge, in particular, certain provisions of the Freedom of Information Act.",{"id":58,"slug":59,"title":60,"excerpt":61,"date":62,"category":63,"image":32},170,"buying-real-estate-off-plan-be-aware-of-the-risks","Buying real estate off-plan? Be aware of the risks.","Real estate is the world’s most important and largest asset class, and is purchased both as a utility as well as an investment.","January 2022","Real Estate Disputes",{"id":65,"slug":66,"title":67,"excerpt":68,"date":69,"category":70,"image":32},167,"muscat-mizzi-advocates-joins-the-public-interest-litigation-network","Muscat Mizzi Advocates joins the 'Public Interest Litigation Network'","The practice of law is a privilege that carries with it the responsibility to serve our community whenever it is possible for us to do so.","September 2021","Dispute Resolution",{"id":72,"slug":73,"title":74,"excerpt":75,"date":76,"category":77,"image":32},166,"zero-commission-trading-is-payment-for-order-flow-consistent-local-rules-transposing-mifid-ii","Zero-Commission Trading: Is Payment for Order Flow consistent with local rules transposing MiFID II?","The rise of zero-commission trading has brought about a revolution in the investment services industry; contributing in part to the unprecedented number of retail investors that are now actively participating in financial markets.","July 2021","Financial Services",{"id":79,"slug":80,"title":81,"excerpt":82,"date":83,"category":77,"image":32},164,"2021-online-trading-platforms-and-risks-to-investor-protection","2021: Online Trading Platforms and Risks to Investor Protection","Among several events that 2021 will be remembered for, this year will probably go down as the year in which financial markets saw unprecedented levels of trading volumes, ostensibly due to the increased participation of retail investors making use of a variety of online trading platforms offering investments with low or no transaction costs and, in some cases, with the possibility of fractional trading.","March 2021",{"id":85,"slug":86,"title":87,"excerpt":88,"date":89,"category":90,"image":32},153,"licence-required-to-provide-services-of-a-property-broker-or-a-real-estate-agent","Licence required to provide services of a property broker or a real estate agent","A new legal notice regulating the licensing of property brokers and real estate agents in Malta was enacted on the 3rd of July, 2020. The following article gives an overview of the most important provisions under this Act. PRECISELY DEFINES THE DIFFERENT ROLES INVOLVED The new Act defines the activity of a property broker or real estate agent as: “An intermediary in the process of negotiating and arranging transactions involving the acquiring or disposing or leasing of land, including when the said activity is carried out through the engagement or the employment of a branch manager or a property consultant or both.” Moreover, the Act gives clear definitions for the most common roles of people working as intermediaries in the real estate industry. These definitions finally clarify the duties and responsibilities of the various jobs, as well as set out the qualifications necessary to legally occupy a given role. The Act provides definitions for the following roles: Real Estate Agent A natural person who has a licence to act as an intermediary in the process of negotiating and arranging the sale or lease of immovable property or land; and who employs branch managers or property…","July 2020","Real Estate",{"id":92,"slug":93,"title":94,"excerpt":95,"date":96,"category":97,"image":32},148,"employee-share-options-in-malta","Employee Share Options in Malta","Employee share options are often used to align the interests of employees with those of the company by tying part of the remuneration package with performance, as reflected in the share price.","January 2020","Employment",{"id":99,"slug":100,"title":101,"excerpt":102,"date":103,"category":104,"image":32},144,"muscat-mizzi-receives-in-principle-approval-to-act-as-vfa-agent","Muscat Mizzi receives 'in principle' approval to act as VFA Agent","Muscat Mizzi Advocates is pleased to announce that its virtual financial assets arm, MMC Consultancy Limited, is in receipt of an ‘in principle’ approval from the Malta Financial Services Authority to be registered as a Virtual Financial Assets Agent. We are thrilled to be amongst the first applicants to receive an ‘in principle’ approval from the Malta Financial Services Authority. We remain committed to partner with reputable businesses who can take this industry to the next level, and repay the trust that the regulator has placed in our firm. Above all, we thank our colleagues, partners, and clients, and we look forward to working together.","April 2019","Transactions",{"id":106,"slug":107,"title":108,"excerpt":109,"date":110,"category":111,"image":32},142,"esmas-advice-on-icos-and-crypto-assets-an-endorsement-of-maltas-legal-framework","ESMA’s Advice on ICOs and Crypto-Assets: an endorsement of Malta’s legal framework?","On 9 January 2019, the European Securities and Markets Authority (“ESMA”) published its advice to regulators across the EU Member States in relation to initial coin offerings (“ICOs”) and crypto-assets in general.","February 2019","DLT & Fintech",{"id":113,"slug":114,"title":115,"excerpt":116,"date":117,"category":111,"image":32},141,"blockchain-and-crypto-looking-beyond-the-hype","Blockchain and Crypto: Looking beyond the hype","The dialogue on the subject of blockchain has evolved since bitcoin achieved mainstream notoriety a few years ago.","January 2019",{"id":119,"slug":120,"title":121,"excerpt":122,"date":123,"category":111,"image":32},137,"summary-of-the-3-main-acts-related-to-blockchain-technology","Summary of the 3 main acts related to blockchain technology","Malta has established itself as the ‘first mover’ in the regulation of businesses utilizing distributed ledger technology (DLT), upon which blockchain is based.","August 2018",{"id":125,"slug":126,"title":127,"excerpt":128,"date":129,"category":111,"image":32},134,"an-appraisal-of-the-mfsas-proposed-financial-instrument-test","An appraisal of the MFSA’s proposed ‘Financial Instrument Test’","Pursuant to the ‘Discussion Paper on Initial Coin Offerings, Virtual Currencies and Related Service Providers’, the MFSA has released a consultation document in respect of the ‘financial instrument test’ (the “Test”).","June 2018",{"id":131,"slug":132,"title":133,"excerpt":134,"date":135,"category":136,"image":32},129,"guidelines-issued-on-procurement-of-consent-under-gdpr","Guidelines issued on procurement of consent under GDPR","As businesses set out to implement operational changes to phase into the new regulatory environment brought about by the GDPR, many are those who are still struggling to understand the parameters in which data controllers are expected to obtain consent from data subjects as a basis for lawful processing.","January 2018","Data Protection & Privacy",{"id":138,"slug":139,"title":140,"excerpt":141,"date":142,"category":136,"image":32},127,"the-right-to-be-forgotten-part-two","The Right to be Forgotten - Part Two","In May 2014, the Court of Justice of the European Union (CJEU) ruled that search engines, such as Google, assumed the function of a controller and set out the right of data subjects to request the erasure of personal data that is ‘inadequate, irrelevant or no longer relevant’.","November 2017",{"id":144,"slug":145,"title":146,"excerpt":147,"date":148,"category":136,"image":32},123,"the-right-to-be-forgotten-part-one","The right to be forgotten – Part One","Negative search engine results can have undesired consequences such as loss of business or employment opportunities. This can be disproportionately unfair if the information is false, misleading or outdated.","April 2017",{"id":150,"slug":151,"title":152,"excerpt":153,"date":154,"category":155,"image":32},122,"proposed-amendments-to-euveca-and-eusef-regulations-to-face-european-parliamentary-process","Proposed amendments to EuVECA and EuSEF Regulations to face European Parliamentary process","On the 22nd July 2013, the European Parliament enacted Regulation 345\u002F2013 and 346\u002F2013 which laid down uniform requirements and conditions for managers of European Venture Capital Funds (EuVECAs) and European Social Entrepreneurship Funds (EuSEFs). EuVECAs and EuSEFs are essentially harmonised collective investment schemes intended to facilitate the supply of capital to innovative small and medium-sized enterprises (SMEs) and social undertakings across the European Union (EU).","November 2016","Compliance",{"id":157,"slug":158,"title":159,"excerpt":160,"date":161,"category":51,"image":32},119,"copyright-aspects-of-hyperlinking","Copyright aspects of hyperlinking","A hyperlink, or simply a link, is a reference to data found elsewhere on the internet. It is the most common tool used to share information online and is oftentimes considered to be a sine qua non to the smooth functioning of the internet as an avenue for freedom of expression and information. It is also a controversial subject in copyright law which, in recent times, had to adapt to the realities brought about by the digital revolution.","October 2016",{"id":163,"slug":164,"title":165,"excerpt":166,"date":167,"category":104,"image":32},118,"malta-ranked-at-the-top-of-the-eu-scoreboard","Malta ranked at the top of the EU Scoreboard","The European Commission has once again ranked Malta among the top 5 European Union Member States, according to the latest Competitiveness scoreboard published on Thursday 29th September 2016. In particular, Commissioner for the Internal Market, Industry, Entrepreneurship and SMEs Ezbieta Bienkowska noted how Malta ranked with the top 5 Member States in:","September 2016",{"id":169,"slug":170,"title":171,"excerpt":172,"date":167,"category":77,"image":32},117,"the-apple-ruling-and-its-relevance-to-the-maltese-tax-regime","The Apple ruling and its relevance to the Maltese tax regime","In a recent State aid ruling delivered by the European Commission’s competition department, Apple Inc., a multinational consumer electronics company, was ordered to pay €13 billion (plus interest) to the Irish Government in the form of retroactive tax payments.",{"id":174,"slug":175,"title":176,"excerpt":177,"date":178,"category":179,"image":32},116,"hows-that-for-roi","How’s that for ROI…","In July 2016, the Ultimate Fighting Championship (“UFC”) was sold for a price tag of $4 billion, making it the most expensive transaction in history for a sports organization.","August 2016","Mergers & Acquisitions",{"id":181,"slug":182,"title":183,"excerpt":184,"date":178,"category":104,"image":32},114,"choosing-the-right-business-set-up","Choosing the right business set-up","When it comes to starting your own business, it is important to identify the right set-up to cater for your individual requirements and those of your business. In order to guide you in this journey, we have set out the three most common set-ups used to start a businesses: the sole trader, the partnership and the company.",{"id":186,"slug":187,"title":188,"excerpt":189,"date":190,"category":51,"image":32},108,"choosing-the-right-brand-name","Choosing the right brand name","A trademark is what makes one item or service distinguishable from another and in order for it to be effective, it usually has to be distinct from other marks and must have a quality which makes it stand apart. So true is the latter point, that a word, logo, or indeed symbol will only be considered for trademark purposes if it is distinct. The distinctiveness of a logo or trademark generally falls into one of five categories which range from the fanciful to the generic. Symbols or devices which fall under the first three of the five categories namely: fanciful, arbitrary, and suggestive are considered to have the ability to function as trademarks. However, if a logo or symbol is merely descriptive, it can only function as a trademark or service if it obtains a secondary meaning; generic logos can never be considered to be trademarkable thanks to the fact that they have nothing which is unique or specific to differentiate them from the whole.","June 2016",{"id":192,"slug":193,"title":194,"excerpt":195,"date":196,"category":155,"image":32},109,"new-investment-fund-rules-set-out-to-solve-time-to-market-issues","New investment fund rules set out to solve time to market issues","Last February, the Malta Financial Services Authority (MFSA) announced its intention to implement a new set of rules to govern the notification (as opposed to the licensing) of Alternative Investment Funds or ‘Notified AIFs’ or ‘NAIFs’, as they are commonly referred to.","May 2016",[111,51,77,104,136],{"websiteName":199,"websiteTagline":32,"websiteKeywords":200,"copyrightText":201,"companyContactLine1":202,"companyContactLine2":203,"companyEmail":204,"address":205,"googleMaps":206,"headerLogo":207,"footerLogo":207,"socialLinks":208,"footerMenuTitles":212,"metaKeywords":214},"Muscat Mizzi Advocates","advocates,lawyers,legal,malta","© MuscatMizzi 2025. All rights reserved.","+356 21241577","+356 21451880","info@muscatmizzi.com","Office 1, 4th Floor, Kingsway Palace, Republic Street, Valletta","https:\u002F\u002Fwww.google.com\u002Fmaps\u002Fembed?pb=!1m18!1m12!1m3!1d201.99720263669857!2d14.511828675730815!3d35.89911184839075!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x130e452c6b22573b%3A0x1d1b3c88e4a972ed!2sMuscat+Mizzi+Advocates!5e0!3m2!1sen!2sin!4v153839","https:\u002F\u002Fadmin.muscatmizzi.com\u002Fstorage\u002Fmedia\u002Fi5pSZPUOtew6vlYzU3W6lc3gaiOTueXpYiMiigmq.webp",{"facebook":209,"twitter":210,"instagram":32,"youtube":32,"linkedin":211},"https:\u002F\u002Fwww.facebook.com\u002FMuscatMizziAdvocates","https:\u002F\u002Ftwitter.com\u002Fmuscatmizzi","https:\u002F\u002Fwww.linkedin.com\u002Fcompany\u002Fmuscat-mizzi-advocates",{"menu1":213,"menu2":14},"Site Links",{"home":215,"firm":216,"insights":217,"practices":218,"contact":219},"acquisitions, advocate, advocate chamber, advocates, advocates malta, Alain muscat, am law, attorney at law, attorneys near me, best law firms, boutique law firm, business law firm, business lawyers, citizenship malta, commercial dispute, commercial litigation attorney, commercial real estate lawyer, companies act malta, Compliance, consumer rights malta, corporate governance, corporate law firms, court malta, csb, cyber crime malta, Deborah Chappell, debt collection, dispute , Dispute Resolution, Elise Kik, employment attorneys, employment disputes, finance, financial services law, find a law firm, fintech, gvzh, gvzh advocates, igaming in malta, income tax act, insolvency, investment services act, ip, Joseph Mizzi, labor attorney, law firm, law firms malta, law firms near me, law in malta, law malta, laws of malta, lawyers, lawyers in malta, lawyers malta, lawyers near me, legal associates, legal firm, license malta, litigation attorney, m&a malta, malta citizenship, malta companies, malta companies act, malta company, malta company registry, malta finance, malta law firm, malta lawyers, malta vat act, malta visa application, mergers, mfsa, mfsa malta, mizzi, most prestigious law firms, muscat, muscat mizzi, patent lawyer near me, plaintiff attorney, property tax malta, real estate disputes, real estate law firm, register company malta, restructuring, tax identification number malta, taxes, technology law, the advocates law firm, Timothy Spiteri, top law firms, top law firms in the world, trademark, trademark attorney, trademark lawyer, trademark lawyer near me, Transactions, truck accident law firm, upright law firm, www csb, your law","The Firm, Team, Partners, Advocates, Lawyers, Legal Services, Law Firm, Malta, attorney & law, attorney and law, attorney at law, attorney best, attorney corporate law, attorney law firm, best attorney, best business law firms, best business lawyer, best commercial law firms, best commercial lawyers, best commercial litigation firms, best corporate attorney, best corporate law firms, best corporate lawyers, best 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commercial law firms, top corporate law firms, top corporate lawyers, top employment attorney, top employment law firms, top law firm us, top law firms, top law firms in, top lawyers, top legal firms, top litigation firms, top litigation law firms, top property lawyers, top shipping law firms, top tier firms, top tier law firms, top tier lawyers","Essays, Blog, Insights, Articles, Thought Leadership, Partners, Advocates, Lawyers, Legal Services, Law Firm, Malta, AI, AIFM, Acquisition, Agreements, Announcement, Apple, Arbiter, Article 13, Blockchain, Brexit, Budget, CJEU, Capital Markets Union, Citizenship, Companies Act, Competitiveness, Consent, Copyright, Crowdfunding, Cyber Security, DLT, Data Breach, Data Protection Law, Decentralization, Donations, Duty, EU, EUIPO, EUMTR, Employment, EuSEF, EuVECA, GDPR, Gig Economy, Hedge Fund, ICO, IT, Industrial Relations Act, Internet, Intra-Family, Investment, LLC, Leasing, Legislation, Licenses, Louboutin, MFSA, MMA, Malta, Multimedia Boxes, OECD, Partnership, Pregnancy, Privacy, Real-Estate, Retail, Right to be Forgotten, Robots, STO, Second Time Buyer, Security Token Offering, Share Options, Social Justice, Sole Trader, Startups, TV, Tax, Termination, Trademark, UFC, UK, Uber, VFA, Virtual Financial Assets, WIPO, Web","Dispute Resolution, Compliance, Transactions, Practices, Advocates, Lawyers, Legal Services, Law Firm, Malta","Contact, Email, Information, Practices, Advocates, Lawyers, Legal Services, Law Firm, Malta",1794482873619]