https://www.um.edu.mt/library/oar/handle/123456789/1892 Thu, 30 Jul 2026 14:42:33 GMT 2026-07-30T14:42:33Z https://www.um.edu.mt/library/oar/handle/123456789/148216 Title: Company law and corporate insolvency law : the insolvency practitioner : powers, duties, authorisation and liabilities Authors: Filletti, Tiziana Abstract: This book provides a comprehensive analysis of the legal and regulatory framework governing insolvency practitioners under Maltese law, highlighting the major legislative overhauls introduced by the Insolvency Practitioners Act (Chapter 632) and the Pre-Insolvency Act (Chapter 631). It partial-transposes EU Directive 2019/1023 on preventive restructuring frameworks and introduces a modern, professionalized regime for insolvency practitioners in Malta. The work examines the extensive powers and supervisory responsibilities vested in the Competent Authority (the Insolvency and Receivership Service within the Malta Business Registry), early warning mechanisms, pre-insolvency rescue frameworks, and comparative insights drawn from UK and EU jurisprudence—including key topics such as cross-class cram-down, bankruptcy trusteeship, and legitimate expectations of office holders. Furthermore, it explores contemporary challenges and developments, including the integration of Artificial Intelligence in insolvency regulation and evolving anti-money laundering (AML) obligations. Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/148216 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/143463 Title: AML enforcement vs. constitutional rights in Malta : a comparative analysis Abstract: This dissertation explores the constitutionality of administrative fines imposed by the FIAU under Article 13 of the PMLA, examining whether the current enforcement system aligns with Malta’s constitutional guarantees of due process, fairness, and the separation of powers. It also addresses the increasing legal debate about the FIAU’s dual function as both investigator and adjudicator and whether this concentration of authority violates the principles of impartiality and independent judicial protection outlined in the Maltese Constitution. Through a doctrinal and comparative approach, the dissertation analyses relevant statutory provisions, constitutional case law, and academic commentary, while comparing Malta’s framework with those adopted in the United Kingdom, Italy, and Liechtenstein. It considers the availability of appeal mechanisms, the independence of decision-making bodies, and the degree of judicial scrutiny afforded to administrative sanctions. The research reveals that while administrative enforcement offers flexibility and efficiency in addressing financial misconduct, it poses potential risks to constitutional rights when not accompanied by adequate procedural protections. While aiming for reasonable policy goals, the Maltese system has some worrying issues. This is due to the lack of a clear division between investigation and decision-making, the narrow range of judicial review, and unclear rules about whether the penalties are fair. The dissertation concludes that legislative clarification and procedural reform are necessary to strengthen accountability, ensure fairness, and enhance compliance with constitutional and European human rights standards. It proposes the establishment of a more independent review mechanism, clearer criteria for fine determination, and a more transparent appeals process. These reforms would preserve the effectiveness of the antimoney laundering framework while restoring full constitutional compatibility and public confidence in the FIAU’s enforcement process. Description: M.A. Fin. Serv.(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/143463 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/143461 Title: Sustainable finance disclosure regulation : an analysis of the impact on the Maltese financial sector Abstract: The Sustainable Finance Disclosure Regulation (SFDR) marks a crucial milestone in the European Union’s efforts to integrate sustainability into its financial markets, significantly affecting Member States (MSs), including Malta’s financial services sector. As a small but internationally oriented European Union member state, Malta presents a distinctive environment to explore the effects of this regulation. This dissertation examines the influence of the SFDR on regulatory adherence, investor behaviour, risk management approaches, and institutional strategies within financial service providers in Malta, while also shedding a spotlight on the challenges the implementation has created. The research employs a qualitative methodology, analysing EU regulatory frameworks and existing literature. Results indicate that the SFDR improves transparency and builds investor confidence by harmonising sustainability reporting, with the classification of investment funds under Articles 8 and 9 offering clearer distinctions of sustainability goals. Nonetheless, the categorisation process encounters issues due to ambiguous definitions, leading to difficulties in classification and potential misrepresentation. Moreover, the regulation pushes firms to embed Environmental, Social, and Governance (ESG) factors into their risk management systems and promotes enhanced collaboration between compliance, investment, and reporting departments. Despite these benefits, Maltese financial institutions confront noteworthy hurdles, including the difficulty and vagueness of SFDR directives, the lack of unified metrics, and the high costs associated with compliance. Smaller MSs are particularly vulnerable due to their limited resources for comprehensive data gathering and reporting. However, by aligning Malta’s financial sector with global sustainability standards, the SFDR strengthens the nation’s competitiveness and stature as a hub for sustainable finance. In summary, this dissertation sheds light on the balance between the challenges posed by regulation and the growth opportunities it creates, demonstrating how the SFDR encourages greater accountability and innovation in Malta’s developing financial landscape. Description: M.A. Fin. Serv.(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/143461 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/140024 Title: The new law on a commissioner to oversee the judiciary Abstract: Recently enacted laws have given rise to various concerns. Some concerns relate to sloppy and inconsistent drafting. Other concerns extend to the substance and motive behind the proposed legal measures. The recent law on the appointment of a Commissioner for Standards of the Judiciary (CSJ) has commanded less attention than it deserved, though it raises some concerns. This is why it is being reviewed here. [extract] Fri, 01 Aug 2025 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/140024 2025-08-01T00:00:00Z