van Cutsem Wittamer Marnef & Partners​ LEADING GLOBAL NETWORK MACKRELL INTERNATIONAL IN CHAMBERS GUIDE AS FOR EIGHTH YEAR RUNNING.

Insights

The role of the Company Secretary

Every company incorporated or otherwise established in Malta is required to have in office a company secretary who has sufficient knowledge and experience to discharge its functions. The company secretary is to be appointed by the board of […]



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The New Crowdfunding Rules

On the 25th January 2022, the Malta Financial Services Authority (“MFSA”) issued new Crowdfunding Rules (the “Rules”) which contain provisions regulating the operations of Crowdfunding Service Providers authorised by the MFSA. The Rules may be seen as a reflection and extension […]



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Amendments to the Companies Act

On the 26th October 2021, the Companies (Amendment) Act (the “Amendment Act”) was enacted in order to amend the Companies Act (Cap. 386 of the Laws of Malta) (the “Act”). From an overview of the amendments undertaken, it […]



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Immovable Property in Trust

As per Article 2 of the Trusts and Trustees Act, Chapter 331 of the Laws of Malta (the “TTA”), the property held within a trust can be either a movable or an immovable, such as real estate property. […]



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Variation and Revocation of Trusts

The main difference between a variation and a revocation of a trust is that, whilst variation allows the power to revoke certain terms under a trust and introduce new ones, revocation allows the power to terminate the rights […]



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The Settlor of a Trust

Under Article 2 of the Trusts and Trustees Act, Chapter 331 of the Laws of Malta (the “TTA”), the settlor is defined as ‘the person who makes the trust and includes a person who provides trust property or […]



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The Beneficiaries in a Trust: Who is the Beneficiary?

There is no trust without a trustee. However, there is another essential party to the trust, without which the trust would be invalid: the beneficiary. The purpose behind creating a trust is to provide certain benefits to the […]



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The Duties of the Trustee

In analysing the duties of the trustee, it is fundamental to refer to article 21 of the Trusts and Trustees Act (Chapter 331 of the Laws of Malta) (the “TTA”) which lays down the fundamental duties of the […]



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The Fiduciary Nature of the Trustee’s Obligations

As underlined in the Civil Code, Chapter 16 of the Laws of Malta, fiduciary obligations arise by virtue of law, contract, quasi-contract, unilateral declarations including wills, trusts, assumption of office or behaviour whenever a person (the “Fiduciary”): owes […]



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The Concept of Trust under Maltese Law

Although the English law concept of trust was already present in Malta since the late 1980s through the concept of ‘offshore trusts’, the first written legislation regulating domestic Maltese trusts came into force in 2004 through the enactment […]



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The Concept of Trust under Maltese Law

Although the English law concept of trust was already present in Malta since the late 1980s through the concept of ‘offshore trusts’, the first written legislation regulating domestic Maltese trusts came into force in 2004 through the enactment […]



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The use of Electronic Signatures in Malta

Following the coming of application of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23rd July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive […]



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Trustees & other Fiduciaries providing CSP services

On the 25th March 2021, the Malta Financial Services Authority (“MFSA”) issued a circular directed to Trustees & other Fiduciaries bringing to their attention the coming in force of the Company Service Providers (Exemption) Regulations 2021 (the “Regulations”). […]



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Share Transfer Notice

On the 21st January 2021, the Malta Business Registry (“MBR”) informed relevant entities that, in respect of share transfers and changes in issued share capital or voting rights of companies and other commercial partnerships where applicable, or transfers […]



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