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Malta

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Editorial

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 financial services and relocation-friendly legislation. The country’s adoption of the euro in 2008 and its favourable regulatory regime have made it a natural choice for a range of investment funds, especially hedge funds and UCITS, seeking to take advantage of the beneficial passporting rights and investor protection offered by Maltese registration.

Strength in funds, and banking and finance more generally, is accordingly a core characteristic of the island’s three largest firms – Ganado Advocates, Fenech & Fenech Advocates, and Mamo TCV Advocates – with Ganado Advocates in particular standing out for its City-quality offering.

In a relatively quiet year on the transactional front, the island’s buoyant digital and gaming sectors provided a steady flow of work for most firms and, in the case of specialists such as WH Partners, accounted for the bulk of instructions. The advantages of Maltese registration for aircraft and ships contributed to a typically active year in those sectors.

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Legal Developments in Malta

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Investing in Malta- A Property Almanac

    Malta has long gained a reputation for a high standard of living with a Mediterranean flair. With the introduction of various programmes related to the attainment of citizenship or residency , many foreign investors have eyed the island as an ideal European solution for immigration purposes with vast potential for stable investment in real estate. In this article Dr Maria Chetcuti Cauchi presents an analysis of the real estate market and laws through 2015 and 2016, with a view of giving an exposition of the process for property acquisition and resale.
  • EU VAT on Yacht solutions

    The yachting industry sails across a dynamic regulatory environment, increasingly leading to more paperwork, administration, checks and procedures.  In this context, and considering that yachts are generally a leisure escape, yacht owners are constantly looking for straight forward solutions that allow them to sail their yachts worry-free.  Malta has been at the forefront in providing such solutions and finding a balance between what are usually deemed two opposing needs: those of proper regulation and application of procedures on the one hand, and enjoyment of the yacht without unnecessary and unwarranted restrictions, on the other.   
  • NAIF - an AIFMD-Compliant Fund with quick access to the market

    Since the advent of the Alternative Investment Fund Managers Directive (‘AIFMD’), fund managers have been facing a double regulatory burden as a result of having both fund managers and funds subject to prudential regulation which led to overlapping and possibly inconsistent regulatory requirements affecting funds.
  • Malta Stock Exchange: European capital raising now easier for SMEs

    While larger enterprises often steal the limelight, small and medium-sized enterprises (SMEs), very often being family businesses, make up the very backbone of most economies, with SMEs constituting the vast majority of companies within the EU. In Malta, 99.9% of Maltese companies are classified as SMEs, with 4.8% classified as small to medium enterprises and 95.1% classified as micro organisations.
  • LICENCE TO SKILL – AN OUTLINE OF MALTA’S REGULATION OF SKILL GAMES

    Gambling, from a legal and policy perspective, has been consistently defined by reference to the constitutive elements of involving a monetary consideration, an element of chance, and a prize having some inherent value. Although definitions can vary significantly from one jurisdiction to another, the general consensus has been that a game or scheme that requires players to stake something of value for a prize that is awarded due to the outcome of an uncertain event should be treated as “gambling.”
  • Employment Contracts Conducted Electronically

    LEGAL BACKGROUND
  • The Malta Individual Investor Programme (MIIP)

    A. INTRODUCTION
  • European Commission Proposal Strengthens Privacy Rules for Electronic Communications

    Following a leak in early December , the European Commission has officially published the finalised proposed new legislation which aims to strengthen privacy in electronic communications. The Regulation on Privacy and Electronic Communications (“Proposal”) aims to repeal the ePrivacy Directive. These rules will be updating existing laws and bringing them in line with the new General Data Protection Regulation (“GDPR”), forming part of the Digital Single Market Strategy.
  • LEAKED EPRIVACY DRAFT: WHAT TO EXPECT

    Following the introduction of the General Data Protection Regulation, the European Commission has been working on reforming the E-Privacy Directive. The draft law was leaked  on the 13th of December 2016. Although this is not the final version, we now have a clearer idea of what to expect in the coming months. The Privacy and Electronic Communications Regulation is expected to be finalized by January 2017. Since this is no longer a directive but is now a regulation, there is no need for it to be transposed. It will become effective within 6 months as opposed to the normal 2 year period, which means that companies will have a much shorter time period within which to bring themselves in line with the Regulation.
  • Posting of Workers: The New Proposal of EU Commission for Revision of EU Directive 96/71/EC

    As a specific form of temporary labour mobility, posting of workershas been a prominent topic of public and political debate during previous decades. Several factors have contributed to the debate.

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