Chetcuti Cauchi Advocates

The principal piece of corporate law in Malta is the Companies Act, 1995. The Maltese Companies Act is broadly based on common law principles, but is also in-line with the relevant EU directives. The principal authority for day to day matters relating to companies in Malta is the Maltese Registry of Companies, which is housed under the auspices of the Malta Financial Services Authority. Both authorities are committed to Malta's growth as a financial centre as well as to the safeguarding of the interests of the public; thus in all matters relating to company law our clients have the peace of mind of dealing with reputable, commercially aware authorities.

Most international business in Malta is conducted via companies. Maltese companies are useful, flexible vehicles which allow rapid formation of companies, capital requirements are low, bank accounts can be held in third countries and business can be conducted internationally. As a result, the Maltese register of companies has experienced significant growth and played an important part in Malta's emergence as a leading financial centre.

Dispute Resolution in Malta 

Malta's "modern" judicial system dates back to the times of the Romans. Malta has seen quite some notable legal and judicial revisions to its basic legal infrastructure, including effects by Roman law, changes introduced by the Code Napoleon, influences by the Inquisition and impressions left by the 200-year British rule. Currently Malta has a unique hybrid system fusing civil law with common law practices and lately, since 2004, introducing the acquis communautaire and EU directives and regulations as part of the Maltese legal back-bone. 

The Maltese judicial system, comprising courts and tribunals for the resolution of all forms of legal disputes, provides for various offices incuding Judges, Magistrates, Commissioners for Justice, Adjudicators (who sit in the Small Claims Tribunals), assistants (who sit with a Magistrate in the Juvenile Court) and arbitrators.

The Maltese judiciary is composed of  those serving Judges and Magistrates appointed to sit in the Superior and Inferior Courts and only these Judges and Magistrates appointed in terms of the Constitution can be referred to, collectively, as the Judiciary. 

Dispute resolution in Malta offers an array of options to litigants. Court litigation remains the most popular form of dispute resolution in Malta.Other forms of dispute resolution systems and fora include arbitration, mediation, tribunals and boards.

Maltese Employment & Labour Law is rigorously regulated legal sector on a local level, so much so that the Maltese Constitution recognises the right to work as a fundamental right and also delineates the state’s role in promoting the conditions to make this right effective. The principle statute governing Maltese Employment & Labour Law is found in Chapter 452 of the law of Malta, the Employment and Industrial Relations Act (EIRA).  

In addition, specific regulations have been enacted throughout the years to address private and public sectors, minimum safety standards at work, wage expectations and applicable overtime work rates, the allocation and consumption of working hours by employer and employee, the paid and unpaid leave entitlements and others matters. Employment in Malta is also regulated by industry specific collective agreements which might apply as well as decisions of local courts and tribunals. 

Ancillary matters which relate to employment, such as work permits, licence to operate as an employer, the payment of wages and deductions of income tax and other fiscal considerations, business permits and so on are also specifically addressed.

As Malta's reputation grows as a high-quality place to live, work, do business, eat well or simply detox, our Malta immigration lawyers increasingly advises on Maltese immigration law, property law and tax implications of taking up residence in Malta and investor routes to naturalisation and Maltese citizenship.  Our clients are a mix of entrepreneurs, investors, inventors, and high net worth individuals and families seeking increased mobility, an international lifestyle, a retirement destination, or easier business travel by taking up Maltese Permanent Residence or Maltese citizenship.   We are a leading Immigration law firm in Malta providing specialist Maltese immigration law and personal tax advice and handle applications for residency, tax residence and citizenship in Malta.  We are the trusted Maltese immigration law firm for several international law firms, immigration professionals and tax practitioners and provide professional assistance and immigration law advice on relocation and tax matters in Malta.

Intellectual property (IP) is often a client’s most valuable asset. It is that area of business law which provides entrepreneurs and innovative an incentive to create and discover without the constant fear that their initiative could be threatened. This is why IP Law plays such a paramount role in every business.

Over the years Malta has, for a variety of reasons, established itself as an attractive jurisdiction for entrepreneurs wishing to safeguard their intellectual property rights. ;While working on becoming a prime ICT and financial services hub on the one hand, Malta also made sure that its intellectual property legal framework is a sound and attractive one, thereby providing a holistic framework. This was done in light of the importance that intellectual property protection plays in modern business law.

Malta’s serene Mediterranean landscape, the fusion of neolithic, baroque and contemporary architecture and the hospitality of the Maltese people all render Malta a unique destination for any traveller. Its Mediterranean climate, mild winters and hot summers, coupled with a low crime rate, excellent healthcare, a quiet way of life and relatively low cost property, entice expatriates to purchase property on these small islands and make it their home. Thus, Malta's Property & Development industry thrives as more locals as well as foreigners seek to turn their maltese property into a home.