Corporate Law & Finance
Corporate law has long been our Firm’s backbone. We act for several corporate clients spanning various industries and advise on all matters corporate and commercial, assisting with both legal analysis and ongoing administrative and regulatory support. Identifying and understanding the appropriate legal structure is a crucial first step in setting up your Malta business. We can help distil the jargon and guide you in getting your Malta start-up off the ground.
Financial services regulation has certainly come to be one of the Firm’s principal areas of practice. The financial services sector has experienced a rapid growth over the last years and is firmly recognised as one of the pillars of the Maltese economy. The Firm’s partners have been instrumental in assisting a number of large hedge funds, investment services operators and financial institutions to set up in Malta.
Individual Investor Programme
The Malta IIP is the first citizenship programme in the EU to be recognised by the European Commission whereby reputable individuals are granted citizenship upon the satisfaction of certain conditions and after the completion of a thorough due diligence process. The Programme is mainly designed to attract applicants who can bring their talent, expertise and business connections to Malta.
Employment & Industrial Relations
Inform yourself! The main legislation governing employment law in Malta is the Employment and Industrial Relations Act, which is bolstered by various subsidiary legislation, streamlined with the corresponding EU rules, intended to govern specific requirements relating, inter alia, to contracts of service, collective redundancies, part-time employment, transfers of business and hours of work.
Contract Drafting & Negotiation
Get it right first time round! The whole process of proper contract drafting and negotiation being a waste of time is a mistaken belief. The unfortunate reality is that business deals do sometimes go wrong and the specific contract architecture and mechanisms built in to its various provisions will be key in defending your legal and commercial interests. We can help add clarity and mitigate risk.
Building on its long and varied maritime tradition, Malta has today established itself as one of the leading maritime hubs and service centres in the Mediterranean region. Vessel registration under the Malta flag and the operation of Maltese ships is regulated by the Merchant Shipping Act which is predominantly based on UK legislation.
Malta offers a number of tax planning structures which any yachting enthusiast may find attractive, such as the yacht leasing structure in respect of pleasure yachts. Maltese legislation also caters for small yachts or superyachts over 24 metres, which are used commercially and which are registered in terms of the Commercial Yacht Code.
The Firm’s partners have been active in Remote Gaming Regulation since its inception in Malta, following which the jurisdiction has earned itself a solid reputation as Europe’s remote gaming hub. We provide a full complement of iGaming services spanning the entire application process and ongoing regulatory support and administration.
Given the legal and commercial significance of intellectual property to modern business, our Firm is considerably active in optimising the protection afforded to our clients’ IP including, inter alia, trademarks, patents, computer software, technical knowledge, trade secrets and copyrights. Your IP is your property, let us help you protect it!
Be.Legal can assist you in navigating the various corporate structures accommodated under Malta’s legislative infrastructure with a view to identifying tailor-made solutions that will diligently maximise the advantages of Malta’s attractive corporate tax system, which is bolstered by various other tax incentives including, inter alia, the Highly Qualified Persons Scheme.
Litigation & Arbitration
The Courts of Justice in Malta cater for all civil and criminal proceedings and include the Constitutional Court, the Court of Appeal, the Criminal Court, the Civil Court, the Magistrates’ Court and the Small Claims Tribunal. The Arbitration Centre offers an effective and efficient alternative mode of binding dispute resolution and incorporates a number of international conventions.
The Firm combines a wealth of industry-specific experience, technical and legal knowledge, to provide comprehensive guidance on all aspects of commercial and private real estate transactions in Malta, from acquiring or leasing immoveable property to establishing real estate property funds authorised by the Malta Financial Services Authority.
Information & Communications
What is it? Information and communications technology is a term which incorporates any communication device or application such as cellular phones, computer and network hardware and software. ICT and e-Commerce have undoubtedly come to constitute an integral part of the business world, as has the legal and regulatory regime under which such businesses operate.
The Aircraft Registration Act, 2010 together with the implementation of the Cape Town Convention, revamped Malta’s aviation laws by offering a creditor-friendly environment, effectively facilitating Malta’s establishment in the aviation industry. We assist with all aspects of aircraft registration, finance and the registration of security interests.
Competition and Anti-trust Regulation
In harmony with the relative European legislation, Malta’s Competition Act, 1995, is geared towards preserving the proper functioning of the EU common market by prohibiting agreements, decisions and concerted practices which restrict or distort competition and preventing the abuse of a dominant position.
Maltese succession law plays an important role in the transmission of property (moveable, immoveable, real and corporeal) and, accordingly, our Firm provides specialised advice, guidance and assistance in relation to the appropriate estate-planning within the architecture of the applicable Maltese testate and intestate succession rules.