Best Investment & Business Structuring Lawyers in Victoria

1. About Investment & Business Structuring Law in Victoria, Australia and Malta

In Victoria, Australia, investment and business structuring law covers how individuals and entities form businesses, reorganize assets, fund growth, and comply with regulatory regimes. It relies on a mix of Commonwealth and state rules to coordinate corporate governance, licensing, and foreign investment controls. Key regulators include the Australian Securities and Investments Commission (ASIC) and the Foreign Investment Review Board (FIRB).

In Malta, Investment and Business Structuring Law is primarily regulated by the Malta Financial Services Authority (MFSA) and enacted through the Investment Services Act and the Companies Act. The Maltese framework also includes AML/CFT requirements and tax rules that affect cross-border structuring. Maltese law supports cross-border investment through licensed service providers, Maltese companies, and EU-accessible vehicles.

2. Why You May Need a Lawyer

• Setting up a company or SPV in Victoria or Malta: A solicitor can advise on jurisdiction, ownership structures, and regulatory licenses to ensure compliance from day one.
• Securing foreign investment approvals in Victoria: Non-residents funding Australian operations may require FIRB approval before proceeding with the investment.
• Cross-border structuring for tax efficiency: A lawyer can optimize entity choice, transfer pricing, and cross-border tax obligations in both jurisdictions.
• Due diligence for mergers and acquisitions in Victoria or Malta: A lawyer coordinates due diligence, flags regulatory risks, and drafts transaction documents.
• Compliance with AML/CFT regimes in Malta: Licensing and ongoing reporting obligations require professional advice to avoid penalties.
• Licensing of investment services in Malta: If you operate as an investment services provider, legal counsel assists with licensing and ongoing compliance obligations.

3. Local Laws Overview

Victoria, Australia

• Corporations Act 2001 (Cth) - Governs formation, governance, and conduct of companies; enforced by ASIC.
• Foreign Acquisitions and Takeovers Act 1975 - Regulates foreign investment and requires FIRB approvals for certain acquisitions.
• Australian Securities and Investments Commission Act 2001 - Establishes ASIC's powers to regulate corporate and financial services conduct.

Malta

• Investment Services Act Cap 330 - Regulates licensing and operation of investment services providers in Malta.
• Companies Act Cap 386 - Governs incorporation, duties of directors, and corporate governance for Maltese companies.
• AML/CFT framework under Maltese law implemented by MFSA - Regulates due diligence, reporting, and compliance obligations for financial intermediaries.

Source: Victorian Government - Business Victoria and regulatory framework. https://www.business.vic.gov.au

Source: Australian Government - FIRB and foreign investment controls. https://firb.gov.au

Source: Malta Financial Services Authority - Regulation of investment services and licensing. https://mfsa.mt

Source: Government of Malta - GOV.MT portal. https://www.gov.mt/en/Pages/Home.aspx

4. Frequently Asked Questions

What is investment and business structuring in Victoria Australia and why does it matter?

Investment and business structuring refers to organizing a business, its assets, and its ownership to meet goals while complying with law. In Victoria, proper structuring helps with financing, risk management, and regulatory compliance. Proper structuring also supports cross-border activity with Malta.

How do I obtain FIRB approval for foreign investment in Victoria?

FIRB approval is required for certain foreign investments into Australian land or businesses. Start by submitting a notification online, prepare supporting documents, and respond to any agency requests. Approval timelines vary by transaction complexity and sector.

When does the Corporations Act apply to a Victoria-based company?

The Corporations Act 2001 governs Australian companies nationwide, including those based in Victoria. It sets requirements for directors, duties, reporting, and financial disclosures. Foreign ownership and cross-border arrangements may engage this Act through linked entities.

Where can I register a Maltese company and what is required?

You register with the Maltese Companies Registry while ensuring compliance with the Companies Act Cap 386. Requirements typically include a local registered office, at least one director, and corporate documentation translated and certified as needed. MFSA licensing may be required for certain activities.

Why should I hire a solicitor for Malta's investment services licensing?

A solicitor helps navigate licensing processes under the Investment Services Act, ensuring accurate applications and timely compliance. They can prepare required policies, assist with capital adequacy rules, and liaise with MFSA. This reduces the risk of delays or refusals.

Do Maltese companies need a local director under the Companies Act Cap 386?

The Companies Act typically requires at least one director, who may be resident or non-resident depending on the company type and licensing. Local presence can simplify regulatory interactions and banking relations. Always verify current MFSA guidance on residency requirements.

Can cross-border structuring involve entities in Victoria and Malta?

Yes. Cross-border structures may use entities in both jurisdictions to optimize governance, tax, and financing. Be mindful of transfer pricing, cross-border compliance, and licensing obligations in each country. Professional counsel should coordinate entity-level agreements and disclosures.

What is the difference between a trust and a company for structuring in Victoria?

A company is a separate legal entity with limited liability, subject to corporate regulation. A trust separates ownership from control and is often used for asset protection and tax planning. The choice affects governance, taxation, and compliance obligations.

How long does FIRB approval typically take for foreign investments?

Typical FIRB processing times vary by complexity and sector, ranging from several weeks to a few months. Proactively compiling complete information can shorten reviews and reduce the risk of requests for further information.

How much do Maltese investment services licenses generally cost to obtain?

Costs vary by activity, license category, and ongoing annual fees. Applicants should budget for application fees, regulatory capital requirements, and annual license renewal charges. MFSA publishes current fee schedules on its site.

Is there a tax or regulatory timeline when forming a Maltese company?

Yes. Maltese companies must meet regulatory filing deadlines and tax registrations. Timelines exist for annual returns, accounting records, and AML/CFT reporting. A Maltese solicitor can map these milestones to your timetable.

What steps are required to protect IP in cross-jurisdiction structuring?

Register IP in each jurisdiction where protection is sought, and tailor licensing and assignment agreements accordingly. Use confidentially agreements and robust due diligence to avoid leakage in cross-border structures. Seek counsel to align IP strategy with local laws.

5. Additional Resources

• Business Victoria (Victoria Government) - Practical guidance on starting and running a business in Victoria. https://www.business.vic.gov.au
• Australian Securities & Investments Commission (ASIC) - Corporate governance, licensing, and financial services regulation. https://asic.gov.au
• Malta Financial Services Authority (MFSA) - Regulation and licensing of investment services providers and financial institutions in Malta. https://mfsa.mt

6. Next Steps

1. Define your investment aims and the jurisdictions involved (Victoria and Malta) with a clear timeline.
2. Collect corporate documents, ownership structures, and capital plans for both jurisdictions.
3. Identify a lawyer or law firm with cross-border experience in Victoria and Malta and request a preliminary proposal.
4. Arrange an initial consultation to discuss regulatory obligations, licensing needs, and potential structures.
5. Request a written engagement letter and retainer specifically for cross-border structuring work.
6. Prepare and submit any required FIRB or MFSA applications with attorney supervision.
7. Implement compliance programs and schedule regular reviews to adapt to regulatory changes.