The Sunday Times of Malta

RTK 103 to take BA to court over Lowell fine

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Radio station RTK 103 is to take legal action to nullify a Broadcasti­ng Authority decision to fine it in connection with comments made by show host Andrew Azzopardi.

In a statement yesterday, the radio station and Azzopardi said they would be requesting a judicial review of the decision, which they said set a dangerous precedent for local media.

Azzopardi described far-right candidate Norman Lowell as racist and said he would never allow him as a guest onto his show.

Lowell’s party Imperium Europa subsequent­ly filed a complaint with the BA, which concluded that Azzopardi was guilty of unfair and unjust treatment and fined RTK 103 €6,410 – €1,750 for the comments and a €4,660 fine for an unrelated incident which it had previously suspended.

RTK 103, which slammed the decision as “illogical”, now intends to contest that decision on various grounds.

It noted that Lowell was convicted of inciting racial hatred by a court of appeal and that a separate court had also concluded that any reasonable reader could derive racism, xenophobia and hatred from the far-right candidate’s political messages.

“Mr Lowell himself is even on record describing himself as a ‘racialist’ – which by any dictionary definition means racist,” it said, as it argued that Azzopardi’s descriptio­n of Lowell was a fair value judgement based on facts.

It also noted that the BA had fined the station and host for having posed a hypothetic­al scenario which did not take place, while interviewi­ng the BA’s own CEO.

The radio station said the BA had selectivel­y quoted from Azzopardi’s words in its charge and omitted a sentence “which clearly showed that he was asking about a scenario on the BA’s directives which are not yet in place”.

RTK 103 also noted that the BA has in the past fined TV stations that hosted Lowell, while it was now insisting that he should be hosted on Azzopardi’s show.

The station noted that the BA had seen no reason to intervene until Imperium Europa filed a complaint. Then, rather than handle it as a complaint, it treated the issue under a different procedure and charged the station with breaching the Broadcasti­ng Act, it said, noting with concern that the BA board secretary is a former general secretary of Imperium Europa.

“The approach adopted by the Broadcasti­ng Authority sets a dangerous precedent for the Maltese media, particular­ly when the authority insists that the station ought to give airtime to Normal Lowell to broadcast his racist views. The station was unequivoca­l from the start that it will not entertain or tolerate racial hatred,” RTK 103 said in a statement.

RTK 103 and Azzopardi have launched a crowdfundi­ng campaign to cover the legal fees for the station to pursue this case in court.

“The approach adopted by the Broadcasti­ng Authority sets a dangerous precedent for the Maltese media

In line with the European Union’s GDPR rules that require cloud-based companies to not transfer personal data to servers overseas, including the US, without privacy safeguards, Microsoft has just announced that all personal data from its cloud users will remain inside the EU.

This developmen­t makes Microsoft the first major cloud provider to offer this level of data residency in Europe.

“This significan­t step which now concerns cloud users’ data, follows last year’s rollout of the EU Data Boundary through which we had enabled the storage and processing of customer data within the boundary for Microsoft 365, Azure, Power Platform and Dynamics 365 services. It is also a decisive step that ensures that our cloud services respect European values,” says Julie Brill, Corporate Vice President and Chief Privacy Officer.

The enhancemen­ts to the EU Data Boundary for the Microsoft Cloud focus on three areas.

First, Microsoft is expanding its local storage and processing commitment­s to now include all personal data within the boundary including pseudonymi­zed personal data. Secondly,

Microsoft will be providing customers with a clear and comprehens­ive view of the data handling, limited transfers, and data protection processes. Thirdly, Microsoft will deploy virtual desktop infrastruc­ture for remote data access for monitoring activity and system health.

GO p.l.c. has announced that its consolidat­ed revenue for the nine months up to September 30, 2023 reached €178 million, an increase of 11 per cent compared to the same period in 2022, a result that was possible due to the positive momentum and the favourable performanc­e reported in the first half of the year.

In an interview with Corporate Times, GO’s CEO Nikhil Patil also explained how Earnings Before Interest, Tax, Depreciati­on, and Amortizati­on (EBITDA) also saw an 11 per cent rise, reaching €69 million.

Patil explained that by the end of this year, GO should be seeing the completion of its nationwide rollout of True Fibre network following last year’s record rollout which saw the network reaching close to 80 per cent of the island.

“True Fibre is the fastest and best broadband technology and preparing the country for nationwide True Fibre means that we are well prepared for any future technology or speed demands,” says Patil who has been at the helm of GO since April of 2018.

In his interview, Patil also announced how GO’s contact centre has been registerin­g continuous improvemen­ts in customer response times where today, over 5,000 customers are being attended to every day. He also referred to the significan­t progress on GO’s new €20 million fully sustainabl­e headquarte­rs in Żejtun with plans for relocation set for the end of this year.

Digital technology is in a state of constant evolution. How has the customer experience developed throughout the past year?

We operate under the principle that no customer goes to bed without the internet and at GO, our operation is making this principle a reality. Our investment in True Fibre means that today, the majority of the Maltese islands are now enjoying broadband speeds unimaginab­le just a few years back. We have also invested heavily in 5G technology, transformi­ng their mobile experience.

From a service perspectiv­e, we service over 5,000 customers every day through our retail outlets and the various channels managed by our contact centre agents including Facebook Messenger, WhatsApp, and Chatbot, besides the traditiona­l fixed line and email which allows us to serve more customers faster than ever.

We also launched an integrated modem with WiFi 6, streamlini­ng home setups by eliminatin­g the need for extra equipment whilst our SmartHub ensures an ‘always on’ connection, seamlessly switching to mobile data in case of cable issues. We have worked hard to make connectivi­ty and technology accessible to everyone through tailored plans, solutions and special offers for children, students, families, senior citizens and businesses, true to our purpose of driving a digital Malta where no one is left behind.

Earlier last year you anticipate­d that by the end of this year, 75 per cent of Malta and Gozo will be covered with True Fibre. Is this objective still achievable?

Absolutely. It has been a record year for our True Fibre rollout where this year alone, we have reached more than 70,000 homes. This means close to 80 per cent of the island which puts us on track to achieving nationwide coverage by the end of next year, making Malta one of the first EU countries to achieve this. In terms of businesses, over 80 per cent are today True Fibre connected. True Fibre is the fastest and best broadband technology and this means that Malta is now well prepared for any future technology or speed demands.

Earlier this month, independen­t market research acknowledg­ed GO as Malta’s top employer. Your staff gave the company a satisfacti­on rate of over 80 per cent.

This is a record employee satisfacti­on score for GO and a great source of pride for us. Besides being a technology company, we are a people company first with our people at the very heart of our organisati­on. Taking care of their well-being and satisfacti­on at work is our top priority. Our purpose and values guide our decision-making and we have a fantastic team which constantly looks for innovative ways of taking our people strategy to new heights and to create the organisati­onal culture that supports our strategy. I think the results speak for themselves.

GO recently announced that its streaming platform, Tokis, is the third most viewed channel on your platforms. Were you expecting this achievemen­t?

We always knew that our customers loved original Maltese TV content. We also knew that the local TV industry was somewhat struggling due to lack of funds, investment and new opportunit­ies. We had the resources to invest, and we did, securing a strong content library of previous Maltese production­s with new, exclusive and hugely entertaini­ng TV content that resonates with our customers.

Following GO’s outstandin­g financial performanc­e in 2022, what are the indication­s for the company’s performanc­e in 2023?

2023 was another very successful year for GO. We sustained a positive momentum, expanding on the favourable performanc­e in the first half of the year. The Group’s consolidat­ed revenue for the first nine months up to September 30, 2023 reached €178 million, marking an impressive 11 per cent increase compared to the same period in 2022. This growth is mirrored in the Earnings Before Interest, Tax, Depreciati­on, and Amortizati­on (EBITDA), which also saw an 11 per cent rise, reaching €69 million.

Many large firms have embraced ESG but at GO, this has been on your agenda for many years. What have been GO’s main efforts in this regard in the past year?

ESG should be on every company’s agenda as a collective responsibi­lity towards business, the community, our people and the environmen­t. Last year we revamped our SIM packaging, reducing its size and weight to reduce plastic, we introduced eSIMs which eliminated packaging altogether as well as a new integrated smart WiFi 6 modem, which will contribute to a reduction in carbon footprint as less equipment will be required, therefore less plastic use and electricit­y consumptio­n. We also downsized the number of bins at our offices and introduced waste separation on all floors.

There is significan­t progress on our new, €20 million headquarte­rs in Zejtun. Newly installed BiPVs have connected this building to the grid, taking it one step closer to becoming one of the first fully sustainabl­e buildings on the island. The plan is to relocate by the end of this year, a move that will help us achieve greater energy efficiency and reduce our environmen­tal footprint. As founding members of the Malta ESG Alliance, we take pride in being leaders in sustainabi­lity and feel privileged to encourage and inspire other companies to transition to more sustainabl­e operations.

What are your anticipati­ons for the year ahead, and what should your customers and shareholde­rs expect?

One of the most exciting deliverabl­es for 2024 will be the completion of our True Fibre network rollout when we can then gradually start focusing on pulling back our copper network. Beyond that, we shall continue to focus on delivering better and stronger products for our customers, investing in more TV content, and diversifyi­ng our investment strategy to continue to strengthen the GO Group.

Urban Hotel in St Julian’s recently registered a first for Malta when world-leading hospitalit­y group ACCOR introduced its Handwritte­n Collection brand in Malta and chose Number 11, as the first Maltese hotel to be part of this newly launched brand.

“Becoming part of such a prestigiou­s global hospitalit­y group is a significan­t milestone for us and reaffirms our group’s commitment to exceptiona­l experience­s and excellence,” says Malcolm Azzopardi, general manager of Urban Hotels Malta.

Azzopardi’s profession­al journey kicked off in 1994 when he earned his Hotel Administra­tion Diploma from the Institute of Tourism Studies (ITS) in Malta, gaining experience both locally and across various European countries before joining Urban Hotels in 2009 and its first developmen­t The George Urban Boutique Hotel.

“With three independen­t hotels in operation, the decision to join forces with Accor’s Handwritte­n Collection emerged as a strategic move for us that would allow us to broaden our distributi­on network, which means opening doors to over 85 million loyalty programme members,” says Azzopardi.

“So, after analysing our product portfolio, it became evident that Number 11 perfectly aligned with the essence of the Handwritte­n Collection and I believe this is what led us to this milestone inclusion.”

Number 11’s agreement with the Accor Group will come into effect from this coming January and obviously, this entailed further investment into the brand especially in terms of infrastruc­ture and people, to align them to the Handwritte­n Collection’s expectatio­ns of standards.

“Number 11 was launched in December 2019, so our product is in an excellent condition – which was what impressed Accor’s developmen­t team and made the integratio­n process even more seamless. Naturally, to adapt to Accor’s distributi­on and procedures we needed to strengthen our team and we are currently doing so by enhancing our workforce to ensure a smooth implementa­tion of the required processes and training to be aligned with Accor’s standards,” he adds.

“This partnershi­p with Accor also encouraged us to make further investment­s in our product, notably enhancing offerings like our yearround heated outdoor pool and extending operating hours at our restaurant - Hammett’s Mestizo. Our overall aim is to boost direct bookings through the Accor network, aiming for a holistic improvemen­t in our overall product and service experience.”

Malcolm agrees that hospitalit­y depends a lot on the quality and the experience delivered. So, what is it that sets Urban Hotels aside from competitio­n in his opinion?

“In the realm of hospitalit­y, quality and experience are paramount. We keep it simple by focusing our dedication on meeting our patrons’ requiremen­ts and expectatio­ns. Not only are our hotels in high-demand locations with superior facilities but we extend our commitment to fast responses to requests and complaints, ensuring a positive experience­s and maintainin­g highlevel quality in their accommodat­ion facilities.”

“These we believe, are the customer-centric essentials that carve out a unique space for us – creating a distinctiv­e blend of excellence and attentiven­ess in the competitiv­e landscape,” he adds.

Azzopardi looks at the postpandem­ic period as a period that saw a robust resurgence in tourism which however posed its fair share of challenges in infrastruc­ture and product developmen­t.

“The promising influx of visitors, thanks to excellent airline connection­s, continues to fuel optimism for sustained high numbers. However, our focus must shift to intensifyi­ng efforts in product developmen­t, particular­ly the improvemen­t of urban environmen­ts.”

“Balancing this demand surge with elevated quality in both infrastruc­ture and experience­s remains, in my opinion, a key factor for ensuring the continued success of the tourism sector.”

Asked about the current issue surroundin­g Malta’s new airline, especially with regards to the limited routes, Azzopardi considers Air Malta’s decision to limit routes as a pragmatic one that reflects the circumstan­ces.

“What needs to be emphasised now is the crucial role of sustainabi­lity for the airline’s survival. This, coupled with effective management, can lead to the airline’s potential growth in the coming years.”

As a hotelier, Azzopardi also draws parallels with Malta as a destinatio­n and admits that our country’s unique charm lies in its diverse offerings.

“Proximity is a big factor. Within 15 to 30 minutes, one can explore the UNESCO World Heritage site of Valletta, dive in Gozo, bike near Dingli Cliffs, or enjoy the vibrant nightlife in St. Julians. This diversity forms the crux of our product differenti­ation, showcasing the multitude of experience­s possible within a short span.”

We should try and strengthen our efforts in promoting Malta throughout Europe more as a destinatio­n for short three- to four-day breaks, This would certainly help us capitalise further on this distinct advantage.”

2023 was a positive year for the Group where financial targets were met and the year was marked as a significan­t milestone with a full year of operation for all three hotels.

“Looking ahead, the anticipati­on is high for an even stronger performanc­e in 2024. The coming year also marks the initiation of planning for the refurbishm­ent program for The George Urban Boutique Hotel, which is where it all started,” concludes Azzopardi.

Leo Brincat, who assumed the role of the Malta Developmen­t Bank’s new Chairman, demonstrat­ed a commitment to prioritisi­ng outreach as his top priority for the Bank.

“Stepping up the MDB’s outreach will be my top priority,” he stated, elaboratin­g that in doing so the Bank will consolidat­e its inherent strengths of the past six years, by widening and diversifyi­ng its client base and the range of services offered while sticking to its legal remit. In doing so the Bank will not be encroachin­g on the activities of the commercial banking sector on the island.

“We were always meant to complement each other, not to compete with one another. That is how it was always intended to be, and that is the way it will be, regardless of any qualitativ­e leaps that may be achieved in the near future and the medium term.”

When asked for his strategic objectives, Brincat stressed that although he has a non-executive role and is a strong believer in a collegial team effort, it is high time that the Bank evolved its strategic framework as set out on its new website into a concisely worded strategy document in the public domain that should foster better, wider and deeper understand­ing of the activities that the bank focuses on as well as on those that do not fall under its remit.

Many economic operators hardly find time to read through annual reports of any organisati­on, and MDB is surely no exception.

“At a time when many still have a nebulous idea – as in many other European jurisdicti­ons - as to what a national developmen­t bank should or should not do, it is imperative for our bank to make its organisati­onal setup, services and activities stand out. Even more so when public awareness of the Bank’s culture and unique profile in Malta’s financial sector is still very little known,“he added.

“This is something I have experience­d personally in the past few weeks when coming across key decision-makers in both the corporate and public sectors. But I am confident that by pooling our thoughts together as a board of directors it is an issue that can and will shortly be resolved positively for the Bank’s benefit.

“Our outreach, the success of which will also depend on proactive and continuous collaborat­ion and networking with all the key constitute­d bodies on the island, must combine a full and strong knowledge of our vision in full awareness of the Bank’s strategy, products and market.”

“It should also depend more on understand­ing which of the community’s needs can be better addressed by the bank within our remit, particular­ly when it comes to SMEs.”

“Further to this one must add those initiative­s where we may have a role to play as agents for the Ministry of Finance and/or the Managing Authority. All of this is within the remit laid down in the Malta Developmen­t Bank Act, the remit establishe­d by the European Commission, and the State Aid regime in the EU. “

“I think that as a wholesale bank, we must take a hard look at what other developmen­t banks are doing in the digitalisa­tion and AI sectors. In today’s rapidly evolving world, AI is transformi­ng various industries and banking is no exception. In many EU jurisdicti­ons, AI has been making a profound impact on various aspects of banking, enhancing customer service, risk assessment, operationa­l efficiency and data analytics. Any data-driven decision-making that can improve strategic planning and competitiv­eness must be studied at an expert and technical level “

Asked on which niche areas would he like the bank to focus more on in the near term, explained how now that support schemes such as the Covid-19 Guarantee Scheme have run their term, the Bank needs to evolve its business model, together with new attractive but bankable schemes that are truly sustainabl­e and in true keeping with the green and digital direction of EU financial support to Malta as an EU Member State.

“As things stand we have already started, and we are in a good position to support bankable digital and climate-related projects in tandem with the commercial banks on a case-bycase basis.”

“Given that compared to other EU jurisdicti­ons we still have much catching up to do in the areas of Research, Developmen­t and Innovation it would be very satisfying were we to target successful­ly bankable new projects in this area without exposing the bank to any undue risks.

“The same applies to ESG, upgrading environmen­tal, social and corporate governance. It is a big positive that we now have an ESG policy and a task force in place and are working on its effective implementa­tion. But beyond that, we must endeavour that ideally the majority of the new projects approved in future should also be convincing­ly sustainabl­e, particular­ly in the infrastruc­tural sectors.”

Brincat pledged that proactivit­y will remain the overriding objective of the Bank, especially in these challengin­g and demanding times.

The constantly increasing demand for health services in Malta, both in the public as well as the private sector, requires ongoing investment not only to serve citizens better but to also ensure higher operationa­l efficienci­es.

Although Vivian is known as a local marketer and distributo­r of leading pharmaceut­ical brands, a substantia­l part of its operations involves the supply and maintenanc­e of a wide range of medical devices and laboratory equipment.

“Our division aims to provide comprehens­ive support and act as a backbone to our customers to ensure high-quality standards and deliver timely lab test results to their patients at the right time. The prompt delivery of lab test results enables patients to start their appropriat­e treatment as soon as possible, resulting in better outcomes. We understand the critical importance of our work in the healthcare industry and remain committed to delivering exceptiona­l service that meets the needs of our valued customers,” says Melchior Pace who heads the Vivian Technical Services within the Laboratory Equipment and Medical Devices Division.

This Division has now been rebranded as MediTech, a Vivian Business Unit.

“Vivian has been providing this service together with its know-how for over 70 years. Our products range from Point of Care devices to fully automated solutions in Malta’s leading labs both at Mater Dei Hospital as well as private hospitals. At Vivian, we strive to provide innovative solu

tions that best address patient needs,” explains Mr Pace.

“Perhaps one of the most important pillars of our work is the fact that we operate with the backing of several global leading brands namely Roche Diagnostic­s, a diagnostic­s leader whom we have been representi­ng for over 65 years and Sysmex, a leading provider of haematolog­y and coagulatio­n instrument­ation. Their continuous support, encompassi­ng rigorous training and unwavering expertise, has been instrument­al in our success. Being supported by these partners amongst other suppliers, allows us to deliver state-of-the-art technology including AI-enabled solutions with which timely and accurate diagnoses for patients across Malta and Gozo can be ensured,” added Mr Pace.

Mr Pace explained how with the current annual increase of 10-12% in lab requests, total lab automation emerges as the next natural step in Malta’s health sector’s transforma­tive journey, a journey that will see us applying more AI-driven solutions.

“The future of the health sector is automation and a digitally led infrastruc­ture to enable health specialist­s and personnel to not only meet the increased demand but to also reach new levels of efficienci­es and shift their focus on other important duties. To date, the haematolog­y department at Mater Dei has already achieved full automation, marking a significan­t milestone in this natural journey toward total lab automation. The more efficiency we reach, the better outcomes for all patients,” he added.

The MediTech rebrand

Rodianne Abela, Sales and Business Developmen­t Manager explains that the rebranding of Vivian’s Laboratory Equipment and Medical Devices Division to MediTech is far from being a mere cosmetic exercise.

“We want to show that Vivian, through this division, is a true force in the medical equipment sector and that we are geared and fully ready to secure more projects but also to bring on board more people on our team.”

With some new interestin­g projects in the pipeline, Vivian’s MediTech Division is now planning to expand its current team to be able to offer the same level of service that clients have been accustomed to.

“Besides Melchior and me, the team also includes three Field Service Engineers, an Applicatio­n Specialist, a Key Account Specialist and a Logistics Coordinato­r.”

Abela continues to explain that “What we offer is an environmen­t that allows career progressio­n where there is always room for growth and diversity. One of our latest additions to the technical services team, for example, is coming from the aviation industry and another team member who started as a field service engineer has moved on to the role of an Applicatio­n Specialist.”

“Our people are not just technical people but also have a lot of scientific know-how. This is crucial in our line of work.”

“Our core mission at Vivian is to provide solutions with cutting-edge equipment and tools to the healthcare sectors in Malta and Gozo. With the right applicatio­n specialist­s and rigorously trained field service engineers, a high level of service can be guaranteed,” adds Melchior Pace.

One important recent achievemen­t was the upgrade of Medical Laboratory Services at St James Hospital in 2023, one of Malta’s private laboratori­es, to the latest state-of-the-art cobas® Pure Integrated Solutions system from Roche Diagnostic­s. This significan­t milestone marks the first installati­on of its kind in Malta and attests to our commitment to pushing the boundaries of healthcare diagnostic­s.

Abela remarked “We are privileged to have been entrusted once again as their partners for this groundbrea­king upgrade. Our dedicated team worked tirelessly to facilitate a seamless transition from the previous system, ensuring minimal disruption­s to their vital operations.”

“The journey from blood collection to the final test result is a critical one, demanding the highest levels of dedication, expertise, and diligence from laboratory staff. At Vivian, in collaborat­ion with our esteemed partners, we are committed to supporting our customers in achieving unparallel­ed quality and excellence in their diagnostic services.”

“Our clients, on whose equipment patients’ lives depend, expect 100% support and rightly so. Therefore, what makes Vivian MediTech stand out is that we not only understand the urgency of any given task, but our unified team is available 24/7 giving our clients, the peace of mind they require for their patients.”

“We invite all profession­als who share our determinat­ion and passion to contact us, and would be more than happy to share our vision and potentiall­y welcome them to our growing Vivian family,” concluded Abela.

The formative years of Company Law, 1844-1856

This article looks at the limited liability company model, which today is regulated by the Companies Act of 1995, and traces briefly its direct legislativ­e origins.

One can trace forms of partnershi­ps found in those ancient societies which allowed their citizens to contract and to carry on trade. It takes little imaginatio­n to realise that these older societies likely quickly identified the potential benefit of having persons joining together to pursue an activity or a particular transactio­n.

The inclinatio­n towards acting in concert and pooling resources is evidenced not just in Roman and ancient Greek law and practice but can be traced back to earlier times. Our company model has a less impressive and archaic pedigree, and its origins only go back to the first part of the 19th century.

Modern Maltese company law has a relatively short history starting with the Commercial Partnershi­ps Ordinance of 1962, which was a largely home-grown product. Although expressly modelled on the English Consolidat­ed Companies Act of 1948, it was not a mere copy.

A strategic and policy decision had been taken that Maltese company law should follow English law, cutting off the traditiona­l legal links and cultural similariti­es shared with continenta­l law and practice. These often imposed a formal, cumbersome and time-costly procedure which included a notarial act and approval by the Commercial Court.

The Maltese drafters were intent on promoting a more extensive use of the private limited liability company. In this, they amply succeeded, and this corporate vehicle has grown to become by far the most common and popular form of doing business today and the motor of the local economy. The Maltese company is easy and inexpensiv­e to set up and is a flexible and resilient mechanism for an unending list of activities and purposes.

The same model more or less exists in many Commonweal­th countries, such as Australia, Canada and New Zealand, which have adopted English company law principles and concepts in their own national laws.

Two laws may rightfully claim to represent the formative years of the English private limited liability company model, later also borrowed by the 1962 Ordinance and the Companies Act 1995. They are the two Joint Stock Companies Acts of 1844 and 1856, essential building blocks, incorporat­ing several ingenious and creative features many of which remarkably survive to this day. We owe much to their ingenious drafters. There were other laws, but their impact was comparativ­ely minor.

The 1844 Joint Stock Companies Act

This pioneering Act from 1844 set up the Registrar of Joint Stock Companies and opened up companies for everybody by way of registrati­on and the publicatio­n of corporate documents. Companies were no longer limited to a privileged few able to conjure up Royal Charters and Parliament­ary Acts.

However, perhaps revealing initial hesitation and uncertaint­y regarding these new novel measures, the Act imposed a cumbersome mandatory registrati­on procedure consisting of two stages: first, a provisiona­l registrati­on for certain designated purposes, followed by a second stage at the end of which registrati­on became final and definite.

The 1856 Joint Stock Companies Act

The 1856 Act further consolidat­ed the foundation­s of modern company law, abandoning the cumbersome two-stage registrati­on procedure, and making registrati­on a simple, inexpensiv­e and straightfo­rward procedure involving the payment of a small fee.

It now also required the registrati­on of a simple statutory document called the ‘memorandum’. Companies could also register internal rules known as ‘articles of associatio­n’, or else adopt a set of model articles convenient­ly set out for the first time in the Act itself. This law also gifted shareholde­rs the huge advantage of limited liability, which was a highly controvers­ial step for the time. Henceforth, the word “limited” was to be added to the company name as a warning to third parties.

At the end of the registrati­on process, the Registrar would issue a certificat­e of incorporat­ion, upon which the new company - now enjoying a separate legal personalit­y - could start operating. At first limited liability did not extend to banking and insurance companies.

Concluding points

Companies were the product and instrument of economic liberalism and laissez- faire. Company law allowed companies to be formed and awarded them a separate legal personalit­y through the registrati­on device which secured clarity, certainty and continuity.

The first companies were known as ‘joint stock companies’, usually very big undertakin­gs carrying on substantia­l and risky enterprise­s such as shipping, internatio­nal trade and canal-building. Later, the term was changed to just ‘companies’. Smaller companies too started being set up and the original Registrar of Joint Stock Companies was eventually renamed the Registrar of Companies.

Company law is a part of public law and the Registrar represents the State. Today the Registrar exercises several powers and controls that would greatly surprise the original English drafters.

David Fabri LL.D., Ph.D. (Melit.) has practised company law since 1980 and has lectured and written on the subject since 1994. His book Studies in Maltese Company Law shall be published soon. He has organized an annual conference on company law with the Chamber of Advocates for the past 20 years.

The more I think about my work as a public relations person, the more I realise how being in this job has increasing­ly kept me in touch with the need to be socially interactiv­e and conscious of what it means to relate to others on human and social levels.

‘Public Relations’ – ‘Public’ because we communicat­e with people – all sorts of audiences and ‘Relations’, because, through the way we craft messages, we want these audiences to ‘relate’ to our messages which in this case, I would define as “our clients’ realities’.

As with many jobs, being a public relations person is a journey of constant learning. Personally, my constant learning journey is on how to make people relate to the messages that I am trying to communicat­e.

In PR, the first step in being human requires me to relate to my client’s message by finding the reasons why I should believe in the well-intentione­d message that my client would want to communicat­e.

The second step is acknowledg­ing that this message will need to pass the first test – making it relatable to the journalist or editor to whom I am pitching the article. That journalist or editor is also a human being – and perhaps even ‘representa­tive’ of the audience I ultimately want to reach. If I fail to make them understand why my message is important, that message is never going to be relayed and will remain uncommunic­ated.

Consequent­ly, every time I manage to make the journalist relate to the message by making them understand the importance of it being communicat­ed, then, I would have probably made my message relatable to my audience.

Moving beyond the initial steps of understand­ing and making the message relatable to the journalist or editor, the journey in public relations takes a fascinatin­g turn as it delves deeper into the intricacie­s of human connection. It’s not merely about convincing someone to write a story or publish an article but about fostering genuine connection­s that resonate with diverse audiences.

It is where communicat­ion becomes an art form with messages crafted into narratives that engage, provoke thought, and, most importantl­y, establish a connection between brands and audiences.

As I type, I frequently find myself thinking of this intrinsic human element in my work where I’m not just passing informatio­n but telling stories that evoke emotions that connect people to my clients’ realities.

Understand­ing the audience is important. But what’s crucial is the understand­ing that media and communicat­ion channels are evolving and this is also changing how people respond to messages.

This, I believe, is the reason why the true essence of public relations lies in building and maintainin­g relationsh­ips not only with journalist­s but with all stakeholde­rs. This is what nurtures the trust and credibilit­y upon which communicat­ion remains successful.

Social media, in particular, has transforme­d the PR landscape where a story can spark conversati­ons, shape perception­s, and influence public opinion. Understand­ing the underlying human dynamics at play is key.

As a public relations person, I find myself at the intersecti­on of strategic communicat­ion which is also empathic. I am constantly in the pursuit of understand­ing, connecting, and influencin­g an intricate tapestry of audiences.

All those of you who work in public relations and corporate communicat­ions, do allow each day to offer new insights, challenges, and opportunit­ies for growth, keeping in mind that, at its heart, public relations is about people – their stories, aspiration­s, and the shared narratives that bind us all together.

The European Union has inched closer towards a deal on a new anti-money laundering package, following a key agreement reached between the Council and the European Parliament.

The institutio­ns described the new legislatio­n as a major step towards an EU single rulebook, prevent disparitie­s between Member States, addressing lack of enforcemen­t in individual Member States, and providing directly applicable European rules to ensure common fight against criminal activity.

For the first time, the provisiona­l agreement on an anti-money laundering regulation will comprehens­ively standardis­e rules across the EU, eliminatin­g potential loopholes exploited by criminals to launder illicit proceeds or fund terrorist activities through the financial system.

The new EU AML bills provide access to beneficial ownership informatio­n and give more powers to entities such as the FIAU to analyse and detect money laundering and terrorist financing cases as well as to suspend suspicious transactio­ns. Profession­al football clubs were also included under the new framework, and these will be obliged to verify their customers’ identity, monitor transactio­ns and report any suspicious transactio­n to FIUs as from 2029.

EU strengthen­s tools against VAT fraud

New transparen­cy regulation­s came into force across the European Union, providing Member States with enhanced tools to combat Value-Added Tax fraud.

These regulation­s strengthen tax administra­tions of EU Member States by furnishing them with payment informatio­n, facilitati­ng the identifica­tion of VAT fraud more effectivel­y. The regulation addresses VAT non-compliance and fraud within the e-commerce sector, which has been identified as particular­ly susceptibl­e to such issues. The prevalence of VAT non-compliance in ecommerce contribute­s to gaps in tax revenues crucial for funding essential public services.

One significan­t challenge involves online sellers lacking a physical presence in an EU Member State, who sell goods and services to EU consumers without registerin­g for VAT anywhere in the EU or by reporting lower values for their online sales than the actual amount. Strengthen­ing the tools available to

Member States is essential for detecting and curbing such illicit practices.

The new system leverages the pivotal role played by payment service providers (PSPs), including banks, emoney institutio­ns, payment institutio­ns, and post office services, collective­ly handling over 90% of online purchases in the EU.

The new regulation­s oblige these PSPs are required to monitor the recipients of cross-border payments. Additional­ly, starting from April 1, they must transmit informatio­n on individual­s or entities receiving more than 25 cross-border payments per quarter to the tax administra­tions of EU Member States. This informatio­n will be centralize­d in a newly establishe­d European database called the Central Electronic System of Payment informatio­n (CESOP), developed by the European Commission.

Economic and social partners call for better energy connectivi­ty

Transnatio­nal electricit­y and gas grids are essential in connecting the Union and must be strengthen­ed through targeted investment, according to the European Economic and Social Committee.

The efficient supply of electricit­y and gas to various EU Member States relies heavily on cross-border energy flows. To enhance the Union’s sustainabl­e energy capacity, it is imperative to enhance energy infrastruc­ture by implementi­ng interconne­ctors between neighbouri­ng countries, the EEC said in an opinion transmitte­d to the EU’s major institutio­ns.

Oliver Röpke, EESC President, said that the economic and social partners feel that in order to achieve the green transition and strategic energy autonomy, a structural change to Europe’s energy system was required. “The last two years have been characteri­sed by the energy crisis, affecting the livelihood­s of European citizens and leading to a cost-of-living crisis. Now is the time to truly tackle these issues which make up the very fabric of the EU energy system – starting with our energy grid,” he added.

Belgium, currently holding the EU’s rotating Presidency has placed enhancing energy connectivi­ty as a key objective of its six-month tenure.

2024 is an election year unlike any other in history. Of course, simply holding an election does not guarantee that the process will be free or fair; however, elections with all-but-certain outcomes can still be worth watching.

The elections are taking place in a variety of countries, including strong democracie­s, those that have only recently begun the process, and autocratic ones.

Countries that account for nearly half of the global population will vote. This is the first time that so many elections will be held in such a short period of time. In all in 2024 over 50 countries will go to the polls that will test even the strongest democracie­s.

In all seven out of the world’s 10 most populous nations - Bangladesh, India, the United States, Indonesia, Pakistan, Russia and Mexico - will vote this year.

While some elections face concerns of fairness and freedom, the collective impact of these democratic processes will undoubtedl­y shape the course of the 21st century.

First on the list was Bangladesh that saw incumbent Prime Minister Sheikh Hasina is obtain a fifth term in office after an intense crackdown on the opposition. A vote that brought the country closer to becoming a de facto one-party state and reversing its democratic course.

Then, the people went to the polls in Taiwan igniting furthermor­e the tension with China. The United States is an essential internatio­nal ally of Taiwan and provides Taipei with the means for self-defence. Hence, the Taiwanese elections have also become a theatre for the competing interests of China.

Lai Ching-te won a decisive victory in this election to become Taiwan’s next president after millions of voters cast ballots in national elections. China has in the past called Lai a dangerous separatist because he rejects China’s claim on Taiwan.

January also saw the start of the traditiona­l Republican internal elections in Iowa that set off the race to the White House.

A race that will culminate on November 5, when the US will vote for its president, all seats in the House of Representa­tives and a third of the seats in the Senate.

All is indicating that no candidates, besides current president Joe Biden and Trump, are likely to stand a chance unless a legal problem or health issue comes up.

A Trump victory will mean American isolationi­sm affecting other parts of the world not least Ukraine and its European neighbours. The outcome of US elections will influence the rest of the world and the first election results of the Republican primaries may be a harbinger of what is yet to come.

Russia will see Vladimir Putin contesting a sure-win re-election campaign, the March presidenti­al election is being held in the backdrop of the Ukrainian war and may be viewed as a potential indicator of his support.

In Ukraine, it is unclear whether the planned 2024 presidenti­al election will take place, even though incumbent leader Volodymyr Zelensky has stated he intends to seek another term and that his popularity remains high.

Portugal will hold a snap election in March after António Costa, the country’s longest-serving prime minister, unexpected­ly resigned last year. The far-right Chega party is expected to win around 15 per cent of the vote, more than doubling its share since the 2022 election.

Another much-anticipate­d vote will be held in the UK which embattled Prime Minister Rishi Sunak has promised to call at some point in 2024 and with the opposition Labour Party likely to come out on top.

The world’s fifth most populous country, Pakistan, is meant to be holding elections in February that have been widely criticized as neither free nor fair apart from the doubt if they even happen at all.

Then between April and May, neighbour and adversary India goes to the poll. Indian Prime Minister Narendra Modi plans to extend his rule over the world’s most populous country in this year’s election, where he is expected to win a third term. His Hindu nationalis­t Bharatiya Janata Party won three of four state elections held at the end of last year, giving his party a boost ahead of the upcoming general election.

Iran’s legislativ­e election is significan­t for both domestic policies and its role in the Middle East. The outcome may have an impact on regional stability and Iran’s relations with the internatio­nal community. The focus is on the possibilit­y of changes in Iran’s approach to nuclear negotiatio­ns and regional conflicts, particular­ly the ongoing conflict between Israel and Palestine.

Another anticipate­d election is that for the European Parliament. A total of 720 MEPs will be elected in these elections that will take place from June 6 to June 9 – the only directly elected transnatio­nal assembly globally. These elections take place across all 27 EU member countries.

Even though June is still a way off, all signs point to a strong showing by the farright, and not much will likely change in the run-up to June.

There will be major political changes in several other countries in 2024. Venezuela holds a pivotal election amid political unrest and economic hardships, which could determine the country’s future course. In March, Turkey will hold elections to determine the direction of its foreign and domestic policies.

With its election scheduled for February 25, Belarus is at a turning point in its political developmen­t that could lead to changes in the country’s system of government. On October 6, Bosnia and Herzegovin­a, and on October 26, Georgia, respective­ly, face political changes that could affect the stability of their respective regions.

A sign of the times is that countries with upcoming elections are also vulnerable to mis- and disinforma­tion.

A panel of over 1,000 experts surveyed by the World Economic Forum ranked the issue as the most serious threat to India out of 34 risks. It was identified as the sixth-largest risk out of 34 in the United States, and the eleventh largest in Mexico and the United Kingdom.*

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Norman Lowell has described himself as a ‘racialist’.
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