Market Intelligence

Malta's Legal Notice 252 of 2026 strengthens beneficial ownership rules for trusts, introducing clearer definitions of control, enhanced register access for authorities and legitimate interest parties...

Ms Santos, a Brazilian software developer, had built a successful career with a Swedish technology start-up, working almost entirely remotely.

The Maltese Government recently published the Individual Tax Programme Rules through Legal Notice 195 of 2026, introducing a new framework for individuals looking to relocate to Malta and benefit from a special tax status.

This quarterly bulletin compiles significant legal, regulatory, and compliance developments across multiple Maltese regulatory authorities, including the MGA, MFSA, FIAU, MCCAA, FSSA, and IDPC. The updates span artificial intelligence governance in gaming, financial crime compliance strategies, data protection rulings, and anti-money laundering frameworks, providing organizations with essential insights to navigate Malta's evolving regulatory environment.

Malta's Companies Act now addresses usufruct over shares through Article 117A, but significant gaps remain in disclosure requirements and exit procedures. This analysis examines how the new provision allocates voting rights and dividends between bare owners and usufructuaries, while highlighting critical uncertainties that affect family business succession planning and third-party transactions.

Malta's Companies Act prohibits companies from providing financial assistance for the acquisition of their own shares or those of their parent company, but private companies can circumvent this restriction through a 'whitewash procedure.' This article examines the scope of the prohibition, the rationale behind capital maintenance rules, and the practical steps required to lawfully provide financial assistance in M&A transactions.