Legal professionals are kindly reminded that, by virtue of Legal Notice 144 of 2018 as amended by Legal Notice 137 of 2019 (the “Order”), the Malta Business Registry Agency, which was previously known as the Registry of Companies, was established as an agency with separate legal personality. As of 30 April 2018, the Malta Business Registry Agency and the Malta Financial Services Authority (“MFSA”) became separate and distinct legal entities, each responsible for different functions according to law.
According to article 3 of the Order, the Malta Business Registry Agency is responsible for the duties and functions pertaining to the Registrar of Companies under the Companies Act (Cap. 386 of the Laws of Malta) and any other applicable law.
With respect to the Malta Financial Services Authority, article 4 of the Malta Financial Services Authority Act (Cap. 330 of the Laws of Malta)(“MFSA Act”) provides that the MFSA shall be responsible, inter alia, for the regulation, monitoring and supervision of financial services in Malta as provided under article 2 of the MFSA Act.
In light of the above, members are kindly requested to correctly file and serve court notifications and/or writs of summons on either the Malta Business Registry Agency or the MFSA depending on the nature of the proceedings or the parties to the proceedings.
Regrettably, court notifications and/or writs of summons relating to, for instance, separation proceedings, other family law matters or litigation not even remotely connected to the provision of financial services or to persons licenced, supervised or approved by the MFSA are being wrongly addressed to and served on the MFSA instead of being addressed to and served on the Malta Business Registry Agency.
This is resulting in delays in proceedings and in MFSA or Malta Business Registry Agency officials being incorrectly summoned as witnesses.
Please note that any court notifications and/or writs of summons intended for the Malta Business Registry Agency should be addressed to and served at the following address: AM Business Centre, Triq il-Labour, Żejtun.
With respect to court notifications and/or writs of summons intended for the MFSA, these should be addressed to and served at the following address: Triq il-Imdina, Zone 1, Central Business District, CBD 1010, Birkirkara.
Henceforth, any court notifications and/or writs of summons addressed to the Malta Business Registry Agency which are delivered to the MFSA will not be accepted. The same shall apply if court notifications and/or writs of summons addressed to the MFSA are delivered to the Malta Business Registry Agency.
In case of difficulties kindly contact the Malta Business Registry on 2258 2300 or the Malta Financial Services Authority on 21441155.
