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Legal market overview
Malta’s reputation as a tax-efficient and commercially viable destination for business is longstanding, and has been augmented in recent years by positive financial services and redomiciliation legislation. The country’s favourable regulatory regime and its adoption of the euro in 2008 have made it a natural choice for a range of investment vehicles, especially hedge funds and UCITS (undertakings for collective investment in transferable securities), seeking to take advantage of the beneficial passporting rights and investor protection that Maltese registration offers. Accordingly, in a market where transactional and capital markets activity are relatively stagnant, funds capability is a core requirement for any Maltese firm with significant banking and finance capability and, for some smaller players, forms the overwhelming majority of their practice. Firms’ investment funds capability is included in the Banking, finance and capital markets editorial. Legislation has also made Malta a destination for aviation finance.
Commercial property developments such as SmartCity are another barometer of the country’s attractiveness to foreign investors, its high-quality infrastructure and highly educated workforce making it a natural choice for redomiciliation as well as branch office openings which, in turn, creates a steady pipeline of work for law firms.
There is a healthy mix of long-established firms – such as Fenech & Fenech Advocates, Ganado Advocates and Mamo TCV Advocates (the first of these in particular is singled out by clients and peers) – with reputations based on sizeable partner-level strength as well as longstanding presence; and newer, younger firms, often with strong IP, technology and gaming (the last of these being the fastest-growing industry in Malta) practices – Chetcuti Cauchi Advocates and WH Partners being standout examples.
Legal Business: country analysis
Breaking new ground – advisers hope shale revolution can restart CEE market
Weighed down by political unrest and slowing economies, energy and infra projects look like one area to be driving
the CEE economy. Can the shale revolution power up
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Over the years Malta has evolved from a traditional, debtor friendly civil law jurisdiction into an increasingly financier friendly jurisdiction that offer many of the flexibilities typically associated with common law jurisdictions. These developments have been spurred by (and have spurred) the growth of the aviation and maritime industries in Malta, as well as the country’s emergence as a reputable financial services centre. This article provides an overview of the core Maltese legal concepts which are of interest to banks and other financial institutions lending money in or from Malta.
It is fair to say that AIFMD was not very well received by the Maltese burgeoning industry when it was first announced in April 2009. The initial draft appeared to have been drafted hastily and did not take into account certain characteristics of the local regulatory regime (such as the availability of self-managed fund structures) leading many to speculate that the Directive could disrupt the growth of the Maltese funds industry.Another issue that arose during regulatory gestation of the directive was the requirement for full scope AIFMs to appoint a single depositary for each AIF it manages, in the jurisdiction where the AIF is domiciled; a requirement which, due to the, at the time, limited depositary infrastructure could also have dampened growth.
Old Regime for Malta’s Taxation from Immovable property
An Eye for Innovation, Creativity & Excellence
As the first jurisdiction in the European Union (EU) that introduced regulated remote gaming, with an average of a hundred new applications a year and being the largest EU i-gaming jurisdiction, Malta's success in the i-gaming arena is undisputed. That said, whilst Malta's history, sun and sea might be a good reason for tourists to come to the island, they are surely complementary but not the sole reasons to attract prospective i-gaming operators. Indeed, to the i-gaming world, Malta represents more than that.
With the transposition of the Alternative Investment Fund Managers Directive (" AIFMD ") in the offing, analysis on the transformation and legal implications of such on the role of the Depositary as a key and core service provider to Alternative Investment Funds (" AIFs ") is significant, given the central function and responsibility this position was conferred within this industry.
Investment advice a kind of investment service which may be provided by an investment service provider licensed by the Malta Financial Services Authority (MFSA) under the Investment Services Act (ISA). With the exception of a category 4 licence holder.
The Alternative Investment Fund Managers Directive ("AIFMD" or "the Directive") has been in discussion since its announcement in April of 2009, but the detail of its implementation has, until fairly recently, been somewhat unclear. However, following the issuing of a number of consultation documents and other instruments there is now far more clarity on the subject. This article will seek to provide an overview of the various instruments by means of which the Directive is to be introduced into Maltese law and will also briefly touch upon the effect that these changes will have on the structure of Maltese funds legislation.
Malta has experienced consistent growth in the funds sector since the jurisdiction's accession to the EU in 2004, such that today it is legitimate to consider the country as a mature, well-established domicile rather than an emerging one. In fact the jurisdiction now hosts around 500 funds pursuing a variety of strategies, as well as a complete ecosystem of support services providers such as fund administrators, law firms and audit firms. The sector has now evolved to the point where managers are not just using the country as a domicile for funds, but are also increasingly looking at the jurisdiction as a domicile for their fund management operations.
Starting circa the beginning of 2010, Malta has seen increasing interest in the Forex sector, an industry which only a handful of years ago was practically non-existent. Different kinds of forex operators, ranging from introducing brokers all the way through to fund managers focusing on forex as an asset class and fully fledged market makers have chosen Malta as their European base of operations. Various authorisations have already been issued by the Malta Financial Services Authority (The MFSA) to such operations, and with many other applications pending before the regulator, additional growth appears to be a certainty in the forthcoming months. In fact, there are already clear clues that forex is set to become, alongside stalwarts such as hedge funds and insurance captives, an important pillar of the Maltese financial services offering.
Danos & Associates will participate as a sponsor at the China Offshore Summit in Shenzhen, China. The conference will take place May 27-28th at the Grand Hyatt. Our firm will be represented by our Managing Partner, Alexios Danos, and Thomas Cheung who is one of our representatives in Beijing.
At the IFLR European Awards on 16 April 2015 in London, Bär & Karrer repeated last year's success by again winning the title "Swiss Law Firm of the Year".
B&P authored an article for the Italian-Serbian Chamber of Commerce newsletter about subsidizing new investors in Serbia.
7 May 2015
In the middle of April, 2015, a consortium with the leading participation of Popov & Partners Law Office signed an agreement with the Supreme Judicial Council of Bulgaria for assignation of:
In its current Special Edition FOCUS Magazine has published a list of the leading tax law firms in Germany. GSK Stockmann + Kollegen was again honored as a “Leading Tax Law Firm 2015" in the areas of “Reorganisation, Corporate Restructuring and M&A” and received the FOCUS-Award “Leading Tax Law Firm 2015”.
GSK Stockmann + Kollegen freut sich, Herrn Dr. Philipp M. Kuhn mit Wirkung zum Jahresbeginn 2015 in den Kreis der Equity Partner aufzunehmen.
GSK ernennt Local Partner aus den eigenen Reihen in den Bereichen Gesellschaftsrecht und Real EstateGSK Stockmann + Kollegen ernennt auch 2015 Local Partner aus den eigenen Reihen: Andreas Dimmling, im Bereich Gesellschaftsrecht in München, und Oliver Koos, im Bereich Real Estate in Frankfurt, wurden zum 1. Januar 2015 in den Kreis der Local Partner aufgenommen.
Pepeliaev Group’s tax practice (Band 1) has once again been hailed as the best on the Russian market according to the Chambers Europe 2015 international legal ratings. Clients surveyed by the experts of Chambers Europe consider that “the lawyers dig deep to find issues that play a role in the mandate," while the team stands out because it “is flexible and understands clients' needs."
Kyiv, Moscow, Almaty, 18 May 2015 - CLACIS , a competition law advisory which focuses on matters concerning competition law and compliance in Ukraine, Russia and Kazakhstan announces its opening.