Training Academy Webinar Recap: Key Takeaways & Lawyer Insights

Following our monthly Training Academy session on Controlling mergers, acquisitions and foreign investments – the local experience, Dr Annalies Muscat shares a quick round‑up of the main points discussed and the practical considerations participants should keep in mind.

Key takeaways

• The Control of Concentrations Regulations apply to the creation of a joint venture, and to merger of undertakings or acquisition by an another of the whole or part of another undertaking where certain turnover thresholds are met.
• The National Foreign Direct Investment Screening Office Act applies to investments in an economic activity in Malta by a foreign (i.e. non EU) investor, where the public security or public order of Malta could be affected.

Lawyer’s notes

• Always consider whether the Control of Concentrations Regulations and National Foreign Direct Investment Screening Office Act apply to a proposed transaction involving a merger, acquisition or investment, as approval from the relevant authorities is required prior to the implementation of the transaction.
• Keep in mind that the law could apply even where a client is acquiring a business asset or client portfolio.

For professionals: what to prioritise

For professionals in private practice, prioritise the assessment of the applicability of the aforementioned Act and Regulations—particularly when dealing with any sort of investment, acquisition or merger.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.