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Legal market overview
As Europe continues to be buffeted by the after-effects of sovereign debt crises and increased financial services regulatory scrutiny, Malta is comparatively tranquil. Its efforts to create a thriving financial services industry continue to yield results, and the struggles of jurisdictions such as Cyprus are encouraging businesses to turn to Malta as a comparatively secure, tax-friendly system. In addition, the market is parlaying its established track record as a go-to jurisdiction for ship registration into establishing itself as a hub for aircraft registration, particularly in the private jet sector. The new Aviation section reflects this development. Investment funds practices are covered in the Banking, finance and capital markets section.
Law firms with full-service offerings have been the biggest beneficiaries of this growth in work. Indeed, the nature of the marketplace is such that generalist practices continue to dominate. Ganado Advocates, GVTH Advocates, Mamo TCV Advocates, Camilleri Preziosi and Fenech & Fenech Advocates are among the standout firms providing clients with full-service capabilities. The maritime and aviation sectors are two areas where niche practices can thrive, with Dingli & Dingli Law Firm being particularly noteworthy in the former. Although law firm mergers and lateral moves are rare in this stable market, Hugh Peralta & Associates merged with Iuris Malta Advocates in 2013.
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
Click here to read the feature.
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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.
Recent amendments to the Financial Institutions Act (Chapter 376 of the Laws of Malta) (the “Act”) have effectively brought the regulation of EMIs in Malta.
Introduction – Malta’s Taxable Base Persons ordinarily resident and domiciled in Malta (including companies incorporated in Malta) are chargeable to tax in Malta on a worldwide basis in terms of the Income Tax Act.
Ekaterina Ilina, an associate of DS Law.Attorneys, was ranked in Top-4 of the leading associates in St. Petersburg according to the rating of the newspaper “Delovou Peterburg” in the nomination 'Associate of Winter Season 2014/15'.- DS Law
Ogier is leading offshore adviser to European IPOs
Growth in BVI Approved Manager licences in 2014
Ogier shortlisted as Law Firm of the Year, EMEA, in Citywealth Magic Circle Awards 2015
The CMS Bureau Francis Lefebvre Africa team advised the Amethis Finance investment fund and Moroccan group Label’Vie on the acquisition of a stake in Compagnie de Distribution de Côte d’Ivoire (CDCI), the number two in food distribution in Côte d’Ivoire, with 127 shops around the country.- CMS
On March 16, 2015 the Regional Court in Warsaw in a case brought by Konrad Kornatowski (the former Police Commander in Chief) against Jan Rokita (a well-known Polish politician, the former member of the Polish Parliament) for payment of PLN 100,000 as compensation, dismissed the action in full and awarded against the Plaintiff to the benefit of the Defendant the amount of PLN 3,617 as reimbursement of costs of the proceedings.
The international Chambers Global 2015 rankings have again hailed the Tax Practice of Pepeliaev Group and its Managing Partner Sergey Pepeliaev the best in Russia in tax litigation (band 1 and Star Individuals).
A delegation from Pepeliaev Group recently made a business visit to London. During the trip, the firm's lawyers took part in seminars organised jointly with leading British law firms.