Best Funds & Asset Management Lawyers in Malta

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Mifsud & Mifsud Advocates
Valletta, Malta

Founded in 2007
8 people in their team
Maltese
English
Mifsud & Mifsud Advocates is a business law firm, which has competencies in civil and commercial litigation, IP law, property law, immigration law, family law and shipping and maritime law. We also offer corporate services services for our corporate clients. The Firm is also part owner of a...
Pharmaconsulta Ltd.
Swieqi, Malta

Founded in 2009
English
Pharmaconsulta Ltd., established in 2009 by Mr. Andrew Corrieri, is a Malta-based independent consultancy firm specializing in pharmaceutical regulatory affairs for both EU and international markets. The firm offers a comprehensive suite of services, including consultancy, contract manufacturing,...

Founded in 1973
English
Established in 1973 by Dr. Angelo Vella, Vella & Vella Notaries Public has built a reputation for providing comprehensive notarial services. Now led by his daughters-Nicolette Vella, Roberta Farrugia, and Adriana Vella-the firm specializes in property transactions, including deeds of sale and...
GS Advocates
Sliema, Malta

English
GS Advocates is a boutique law firm in Malta, specializing in Maritime and Transport Law. The firm offers comprehensive services including ship and yacht registrations, ship finance, and maritime litigation. Their clientele encompasses vessel and cargo owners, port service providers, shipyards,...
Chetcuti Cauchi Advocates
Valletta, Malta

Founded in 2002
200 people in their team
Maltese
English
Chetcuti Cauchi is a professional services group providing legal, immigration, tax, and fiduciary services to businesses and private clients worldwide. With roots in Malta’s emergence as a prominent offshore financial centre, Chetcuti Cauchi started in the 1990s and has since established a solid...
Lawyers in Malta
Valletta, Malta

English
Fenech & Fenech Advocates, established in 1891, is one of Malta's most distinguished law firms, offering comprehensive legal services across various sectors. The firm's expertise encompasses shipping and maritime law, international trade, tax, financial services, and technology, media, and...

Founded in 2009
English
James Grech & Associates - Notaries Public, located in Birkirkara, Malta, offers a comprehensive range of notarial services, including property transactions, wills, successions, and notarization of documents. The firm is led by Dr. James Grech, who holds a Doctor of Laws degree from the University...
VB Advocates
Valletta, Malta

Founded in 2023
English
VB Advocates, located in Valletta, Malta, offers a comprehensive range of legal services, including alternative dispute resolution, capital markets, competition law, corporate governance, banking and finance, franchising and distribution, intellectual property, labour, employment and immigration,...

Founded in 2012
English
Fairwinds Management Limited is a renowned business management consultancy based in Malta, offering expert services in company formation and corporate solutions. With extensive experience in the industry, the firm assists clients in setting up companies in Malta, tailoring each solution to meet the...
sammut.legal
Mosta, Malta

Founded in 2018
English
sammut.legal is a Malta-based law firm specializing in legal services tailored for the digital economy. The firm offers expertise in areas such as technology, fintech, gaming, regulatory compliance, data protection, intellectual property, and blockchain and distributed ledger technology (DLT). This...
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About Funds & Asset Management Law in Malta

Malta has established itself as a prominent hub for funds and asset management in the European Union. The country offers a robust legal and regulatory framework, which is harmonized with EU directives relating to investment services, alternative investment funds, and collective investment schemes. Malta's fund industry serves a diverse client base, ranging from start-ups and boutique fund managers to large institutional investors. The jurisdiction is known for its flexibility, efficiency, and access to both EU and international markets. Specialized laws and regulations seek to protect investors, promote transparency, and foster innovation in fund products and asset management services.

Why You May Need a Lawyer

There are various scenarios where legal advice is essential in the realm of funds and asset management in Malta. Common situations include structuring and setting up new investment funds, ensuring ongoing compliance with local and EU regulations, handling licensing or passporting issues, merging or liquidating funds, and resolving any disputes with investors or regulators. Lawyers can also assist with due diligence, negotiation with service providers, risk management strategies, and interpreting changes in legislation that may impact fund operations or investment portfolios.

Local Laws Overview

The primary body overseeing funds and asset management in Malta is the Malta Financial Services Authority (MFSA). Key legislation includes the Investment Services Act, which sets out the framework for the licensing and regulation of fund managers and investment advisors. The Professional Investor Funds (PIFs) regime offers flexibility for experienced investors, while the Undertakings for Collective Investment in Transferable Securities (UCITS) regulations govern retail-orientated funds. Anti-money laundering (AML) laws, Know Your Customer (KYC) requirements, and cross-border EU passporting rules also play significant roles in fund establishment and ongoing compliance. Regular updates align Malta's laws with EU directives such as AIFMD (Alternative Investment Fund Managers Directive) and MiFID II (Markets in Financial Instruments Directive).

Frequently Asked Questions

What types of investment funds can be set up in Malta?

Malta allows for the establishment of several fund types, including Professional Investor Funds (PIFs), UCITS funds, Alternative Investment Funds (AIFs), and Notified Alternative Investment Funds (NAIFs), each suited to different investor categories and regulatory requirements.

Do I need to be licensed to manage a fund in Malta?

Yes, fund managers and investment advisors must be licensed by the MFSA unless operating under a specific exemption. The licensing process involves meeting regulatory requirements, demonstrating competence, and ongoing supervision.

Can non-Maltese persons or companies establish funds in Malta?

Yes, both EU and non-EU residents and entities are eligible to set up funds in Malta, provided they comply with local regulatory requirements and follow MFSA application procedures.

What are the main regulatory bodies overseeing funds in Malta?

The main regulatory authority is the Malta Financial Services Authority (MFSA), which is responsible for licensing, regulation, and supervision of all investment services providers and funds.

What are the ongoing compliance obligations for funds?

Funds and asset managers must fulfill annual reporting, maintain proper governance structures, adhere to AML/KYC obligations, and comply with any ongoing disclosures required by law and MFSA regulations.

What is the minimum capital requirement for starting a fund?

Minimum capital requirements depend on the fund structure and category. For example, Professional Investor Funds and UCITS require different levels of initial and ongoing capital, as detailed in MFSA rules.

How are foreign funds marketed in Malta?

Foreign funds may market in Malta by passporting their services if authorized under EU regulations or by seeking MFSA approval and adhering to local promotion and registration requirements.

What investor protections are available in Malta?

Investor protections include requirements for clear disclosures, segregation of assets, regular audits, access to the Arbiter for Financial Services, and strict regulatory oversight to prevent fraud and mismanagement.

Are there tax advantages for funds in Malta?

Malta offers favorable tax treatment for funds, with certain types of income and gains being tax-exempt at the fund level and double taxation treaties in place to avoid duplicate taxes for investors.

What happens if a fund or manager breaches regulations?

If a fund or manager is found in breach of regulations, the MFSA can impose fines, suspend or revoke licenses, and take legal action. Investors may also have access to compensation schemes or dispute resolution mechanisms.

Additional Resources

For further information and support on funds and asset management in Malta, the following entities and resources can be helpful:

  • Malta Financial Services Authority (MFSA) - the national regulator for financial services
  • FinanceMalta - an organization promoting Malta's financial services sector
  • Malta Funds Industry Association - representing fund management professionals
  • Arbiter for Financial Services - an independent body for resolving financial services complaints
  • Guidance Notes and Circulars published by the MFSA
  • Local and international law firms with dedicated funds and asset management teams

Next Steps

If you need legal assistance with funds and asset management in Malta, consider the following actions:

  • Identify your specific needs, such as fund setup, regulatory advice, or dispute resolution
  • Gather relevant documentation and details about your intended activities
  • Consult a qualified Maltese lawyer or firm specializing in funds and asset management law
  • Prepare questions to clarify regulatory, tax, operational, and structural concerns
  • Follow your lawyer’s guidance in liaising with the MFSA or engaging with service providers

Taking professional legal advice will help ensure compliance, manage risks, and maximize the success of your investment venture in Malta.

Lawzana helps you find the best lawyers and law firms in Malta through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Funds & Asset Management, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Malta - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.