Mifsud & Mifsud Advocates

COMMERCIAL & CORPORATE

The Companies Act (Chapter 386 of the Laws of Malta) provides a well-structured framework for the regulation of companies and partnerships in the Maltese jurisdiction. Corporate law is the foundation of every business therefore quality legal advice regarding corporate matters including company formation, corporate structures, and tax compliance, is essential for the proper governance of corporate entities. Commercial agreements and contracts are drafted or vetted by our team to satisfy the clients’ business needs while ensuring legal compliance. Commercial and corporate work is normally carried out with AEGIS Corporate Services Limited, the corporate branch of the firm.

DISPUTE RESOLUTION & LITIGATION

Malta’s unique hybrid system is the product of numerous influences coming in from different legal systems throughout the years. In our judicial system we thus witness civil law and common law practices working together with the recent EU laws introduced upon Malta’s accession in 2004.

Dispute resolution in Malta is mainly settled by means of court litigation. Litigants may alternatively resort to alternative dispute resolution, comprised of arbitration, mediation, tribunals and boards.

The Firm’s experience in litigation ranges from cases in constitutional law, public and administrative law, criminal law, civil law including contract law, family law, property law, commercial and corporate law, intellectual property law, consumer law, tax law, and most notably maritime litigation.

EMPLOYMENT LAW

Maltese employment law seeks to ensure a good working relationships amongst all employers and employees. Apart from the European Union regulatory framework, the employment sector in Malta is mainly also regulated by the Employment and Industrial Relations Act (EIRA), the Employment Commission Act and the Employment and Training Services Act. These guarantee a suitable and adequate working environment to employees, in which employment contracts work in favour of the employees rather than placing them in a weaker position. Employees are thus furnished with the proper safeguards as to their rights to leave, gender equality and minimum wage, amongst others. Employers and employees alike are to ensure compliance with these regulations. Non-adherence would give rise to serious detrimental implications, as one would not only risk facing legal liability but also reputational damages to the firm in question.

FAMILY LAW

Mifsud Advocates offers specialised services within the family law sphere. Being well aware of the emotional turmoil and sensitive issues familial disputes create, our team is dedicated towards providing tailored advice in the interests of both clients and minors involved. Guidance and representation is provided throughout the entire process of personal separation starting from the initial mediation procedure, leading to litigation proceedings up to the final judgement. This includes maintenance claims, disputes over care and custody rights overs minors, as well as matrimonial regimes vis-a-vis regulation of assets.

Mifsud & Mifsud Advocates also offer assistance in paternity suits, actions concerning civil status such as divorce, civil partnerships and annulment proceedings as well as legal advice on actions emanating from international law instruments such as adoption, abduction cases and recognition and enforcement of foreign judgments.

IMMIGRATION

A small Island in the middle of the Mediterranean Sea, boasting a year round warm climate, scenic views and a kind-hearted friendly nation makes Malta an attractive place for any tourist to visit. It is however also becoming an increasingly popular choice for residency, given the various opportunities, schemes and tax benefits Malta has to offer to both EU and non-EU citizens.

Mifsud & Mifsud Advocates offers a wide range of services in this area and supports its clients when obtaining a residence permit whether it is needed for employment purposes, to start a business, to study, retirement or even fiscal schemes. Our professional legal team will prepare a strategic plan according to the client’s requirements in order to obtain the most beneficial basis for the application of a residence permit in Malta.

Read more about the immigration framework in Malta on the 7th edition of the Corporate Immigration Law Review - article written by Dr. Malcolm Mifsud.

INSURANCE

Malta’s pro-business regulatory environment coupled with a wide network of Double Taxation Agreements and European passport rights, introduced with Malta’s accession to the EU, has led to a huge growth in Malta’s insurance sector. The latter is mainly regulated by two main pieces of legislation, these being the Insurance Business Act (Chapter 403 of the Laws of Malta) and the Insurance Intermediaries Act (Chapter 487 of the Laws of Malta). These are complemented by a number of Insurance Directives, Rules and Regulations issued by the MFSA, such as the Reinsurance Special Purpose Vehicles Regulations implemented in 2013. The latter provides for the establishment and supervision of catastrophe bond issuers and sidecars, both of which may be set up as Maltese tax neutral vehicles. Malta also ensures a stable and consistent regulatory approach when providing insurance licenses, owing to the fact that they are governed by the MFSA; the Maltese single regulator responsible for the entire financial market.

Furthermore, Malta is the only full European Member State regulating Protected Cell Companies. PCCs are particularly useful for those medium-sized companies seeking to establish their own insurance vehicles, provided that PCCs allow the spreading of risks, without jeopardizing the assets of any other individual cell owner.

INTELLECTUAL PROPERTY

Malta’s legislation for the protection and enforcement of Intellectual Property rights has been recently reinforced with the influx of EU legislation on the matter coming in with Malta’s accession to the EU in 2004. In fact, the introduction of the Copyright Act (Chapter 415 of the Laws of Malta), the Trademarks Act (Chapter 416 of the Laws of Malta) and the Patents and Designs Act (Chapter 417 of the Laws of Malta) led to a steady increase in Intellectual Property litigation in the Maltese Law courts. Malta’s Intellectual Property regime has also been ameliorated due to Malta being a member of WIPO (World Intellectual Property Organisation), UCC (Universal Copyright Convention), WTO (World Trade Organisation), the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. In 2006 Malta acceded to the EPC (European Patent Convention).