Advocates Primei was established in 2010 and is a Maltese Law Firm based in Valletta, Malta, specialising in Commercial & Corporate Law, Litigation, Employment law, Financial Services, Data Protection, Trusts, Civil matters, Family, Immigration and Estate planning.
Over the years the firm has established itself as a strong and reputable practice offering reliable and efficient support to clients. Our advisory practice has assisted multitude of corporate clients with Commercial & transactional work, M&A and corporate restructurings. We have experience with dealing with both local matters and also issues having an international or cross-border flavour. We also assist clients with property conveyancing, GDPR compliance, Immigration work, and AML compliance.
We also act on behalf of clients in relation to a wide span of litigation and dispute resolution work. We also have experience with specialised litigation work including financial services litigation, medico-legal issues, family & property disputes, and corporate insolvencies.
Having acted for both local and international clients, from both the private and commercial spheres, we adopt a strong comparative yet practical approach to our work.
The firm also provides specialised Trusts, Fiduciary and Corporate Services through its corporate arm, Primei Fiduciary Ltd., which is duly licenced by the Malta Financial Services Authority to act as a Trustee.
Primei Fiduciary Ltd. was formed in 2008 as a Corporate Services Provider and in 2010 it attained a full Trust licence under the Trust and Trustees Act from the Malta Financial Services Authority. Having four experienced and approved directors, Primei Fiduciary acts as a trustee for a number of local and international clients and also provides fiduciary services for clients who are establishing Maltese companies. Primei Fiduciary Ltd. also provides dedicated corporate services support including company formation, company administration, company domiciliation and secretarial services.
Founded in 2010
50 people in their team
In recent years consumer protection laws have been put in place to ensure a fair and equitable marketplace as well as safer products and services for consumer. On both the European and International plane, legislators have become more sensitive and aware of the vulnerability of the consumer in the modern business environment and accordingly enacted laws which aim to protect the consumer against underhand tactics by companies.
The firm’s understanding of such commercial, competitive and compliance pressures means that we have the consumer welfare close at heart, while still understanding the importance of safeguarding the interests of companies. The members of the firm have a proven track record of getting results for our clients and have time and again been engaged in consumer law related issues by advising and representing our corporate clients or the consumers themselves.
Our practice, with a total access of and insight into the EU consumer protection measure has considerable experience in the consumer protection litigation before the local tribunals, in the drafting of consumer contracts and product and promotional offers, in giving advice on gaming issues and also in the investment and financing of consumer businesses.
Given our experience with Financial Services Legislation, the Firm has also developed a niche practice for Consumer Protection in the Context of Financial Services. We have the sufficient expertise to assist clients with actions against Banks, Insurances or Investment Service Providers for breaches such as mis-selling, including litigation in front of the Courts or in front of the Office of the Arbiter for Financial Services (OAFS).
We have substantial experience in establishing Maltese companies for clients. We help clients with all that is needed to incorporate a holding or a trading company or possibly a group of companies.
We provide full assistance with the drafting of the Memorandum and Articles, registration with the Registry of Companies, the tax registration with the Inland Revenue Department, opening up of the Bank account, and attainment of a VAT number, if necessary. We can also help the Maltese company liaise with the chosen bank in Malta Maltese companies are similar in concept to the English company and hence international clients can have the comfort of dealing with a vehicle which is well known. A Maltese company offers a great amount of flexibility since the directors may be both individuals and corporate entities and may not necessarily be resident in Malta.
Furthermore the minimum share capital is set at only €1,200 and Malta has no debt to equity ratios, meaning it can be funded by both equity and loans. Formation of a Maltese company is done by the signing of the Memorandum and Articles, which is a private agreement in nature and does not require a public deed done in front of a Notary. Similarly written resolutions signed by all shareholders are acceptable instead of necessarily convening an Annual or Extraordinary General Meeting.
Further information about the basic concepts of a Maltese company please view our factsheet entitled Company Formation in Malta.
With the firm belief that both the employer and employee have an ongoing need for advice, representation and in-depth knowledge of employment issues, we believe that we have the expertise and experience to guide clients with any HR related support.
We can assist employers with all the legal requirements needed to employ personnel, establishing reasonable but effective employment contracts or collective agreements, managing employee relations and trade union issues and support with any employee restructuring process. We also assist new business setting up in Malta with advice relating to the pros and cons of using definite or indefinite contracts, local employment trends, real employee cost, fringe benefits, allowances and general in sight into work practices in Malta
We also assist employees with any support needed when negotiating an employment arrangement, advising on and assisting with any wrongful termination or discriminatory decisions in the workplace.
We offer full support in relation to claims brought or defended in front of the employment tribunal or with the Director of Work or in front of any court of law. We also keep clients informed on any proposed legislation and regulations affecting all aspects of the employment relationship.
The firm provides support in relation to all the following services:
The process of separation and divorce may be difficult and painful without the right support. Therefore, it is of utmost importance to have the right advisors during such time. Advocates Primei has a team of highly experienced lawyers who can understand what the client is going through thereby providing tailor made services in the best interest of the client.
Our lawyers offer advice and assistance on separation and divorce matters of any kind, including children, finances including maintenance, division of assets and recognition and enforcement of foreign judgements. During the separation or divorce process, we can work with the client to understand all the issues faced with in order to find the best possible solution.
Wherever possible, we will encourage agreement between the parties, however where no agreement is reached between the parties, we will assist our clients before the Maltese courts in divorce and separation proceedings.
We can also assist our clients in annulment proceedings brought before the Civil Courts.
Intellectual property rights can be defined as the rights given to persons over the creations of their minds.
Protection of creativity and innovation, especially those which have a high commercial value, has become an increasingly difficult task in the light of a fast evolving globalised environment. Just like other kinds of property, intellectual property has be protected against unauthorised use and infringement by third parties. The protection does not apply to the physical object in which the creation may be embodied but instead to the intellectual creation as such.
Malta is a member of a substantial number of IP International Conentions, including the Berne Convention for the Protection of Literary and Artistic Works (1964), the Paris Convention for the Protection of IP (1967), the Universal Copyright Convention (1968), the WIPO Agreement (1977), the WTO TRIPS Agreement (1995), the Patent Cooperation Treaty (2007), the European Patent Convention (2007), the WIPO Copyright Treaty (2009) and the WIPO Performances and Phonograms Treaty (2009).
Furthermore Maltese legislation is fully in line with the TRIPS agreement and the EU Acquis.
Advocates Primei advises its clients on all legal aspects of intellectual property development, acquisition, prosecution, protection and strategythrough our practically applied IP knowledge and expertise. We routinely seek to manage and mitigate risk and to maximise the return from intellectual property assets for the benefit of our clients. We assist clients with securing the rights in the intellectual property necessary both to operate their existing business and to enter new markets. Furthermore, we also help clients assess whether intellectual property ownership is the right model in each instance, and, when it is not, work with our clients to license the necessary rights.
We provide our esteemed Maltese and International clients with expert assistance including:
IP Companies
Malta’s corporate tax system makes Maltese IP companies an ideal solutuion for clients who are seeking a viable corporate vehicle which be hold and manage their various IP rights. A Maltese company can be used for the holding of copyright, designs, domain names, patents, trademarks and other related assets.
Once the Maltese company has been given the ownership of the intellectual property it may start collecting any licensing or royalty fees. Tax is paid on the profits at a rate of 35% however the shareholders’ may claim a refund of between 5/7ths and 6/7ths of the Malta tax paid.
View our fact-sheet entitled ‘Taxation of Maltese companies‘ for further information.
Furthermore it is important to note that in view of the fact that Malta has implemented the EU’s Interest and Royalties Directive (2003/49/EC) ? whic means that any interest or royalties paid to Maltese company by an EU associated company are not subject to withholding tax.
We have substantial experience in assisting clients in court and arbitration proceedings. We always endeavour to give our clients a clear assessment of their legal position which helps the clients assess the probability of success.
Before embarking on actual proceedings, we recommend to clients to attempt to reach an amicable settlement. When this is not possible, we then assist our clients in litigation in front of all Courts and Tribunals in Malta or in arbitration proceedings. The firm comprises of qualified professionals who enjoy strong litigation skills and the experience to render an efficient and effective service to our local and international clients.
Our litigation experience includes issues such as general commercial disputes, Actions for negligence and damages, financial services litigation, lease and immovable property disputes, insurance disputes, Public procurement matters, medical related disputes, corporate matters, court insolvencies, civil actions, debt collection, employment disputes and also personal and family related matters.
It is pertinent to note that the firm endorses the importance of alternative dispute resolution forms such as arbitration, which help clients find effective and constructive solutions without having to resort to the courts. Arbitration in Malta is slowly gaining ground, especially after the introduction of the Arbitration Act (Chapter 387 of the Laws of Malta) and the founding of the Malta Arbitration Centre. Arbitration usually ensures a quicker process and a less formal forum wherein costs are kept at a minimum, when compared to court proceedings.
Malta’s character and charming lifestyle and a good prospect of good return on the investment in the property industry continue to prove strong incentives for foreigners to invest in Maltese real estate.
Advocates Primei acts on behalf of several local and international clients who have bought immovable property in Malta. We assist clients with all aspects of such a purchase, including issues relating to title, tax implications of the purchase and of an eventual sale, contract drafting, and the attainment of any necessary acquisition permits. We also advise on the best solutions to safeguard the wishes of the person vis-à-vis the inheritance of the property in question.
A permit is necessary when the property which is being acquired is not in a Special Designated Area (SDA) and when the purchaser has not resided continuously in Malta for a period of five years or more.
Furthermore, any foreigners buying property in Malta need to get a good understanding of the various succession laws which may eventually come into play. We aid clients to achieve good estate planning, including with the drawing up of any wills or trusts which may be necessary.
Capital Gains on the sale of property situated in Malta, in instance where the transferor had himself acquired the property (not via inheritance or donation) takes the form of a Final Withholding Tax (FWT) on the higher of the transfer price or the Market value. The rates depend on the type of property and on the length of time that the transferor held the property. An exemption from capital gains exists when one is transferring one’s sole ordinary residence as long as this has been used as such for the three years prior to the sale.
As a general rule, duty tax is paid by the person acquiring an immovable in Malta at the rate of 5% on the market value of the property being transferred. Similarly a 5% succession tax is paid by any person inheriting an immovable property situated in Malta.
Malta has always attracted an array of foreigners over the centuries. All major civilisations around Europe and the Mediterranean Sea have been to Malta over the centuries including the Phoenicians, the Romans, the Normans, the Arabs, the French and the English. Our culture, gastronomy, language and laws draw inspiration and influences from such varied sources, which altogether have made Malta a unique cultural melting pot.
In recent years Malta has been also attracting individuals from around the globe to come to work, settle and retire here. Advocates Primei has assisted numerous clients with all that is necessary in order to achieve residence in Malta. We can assist with attaining the residence permits, assisting with property leasing or acquisition and also explaining the tax local considerations and ramifications on one’s income and wealth.
Under Maltese tax laws, individuals are subject to tax in Malta on the basis of their residence and domicile. Individuals who are deemed to be both resident and domiciled in Malta are subject to income tax on a worldwide basis. Income earned, accrued or derived in Malta or elsewhere is subject to tax in Malta irrespective of whether the foreign source income is remitted to Malta or not. However, most expats are in terms of Maltese law only acquiring a residence as they would retain their current (foreign) domicile. Such resident non-domiciled persons are only taxed in Malta on income arising in Malta and any Income remitted to Malta. Beneficially foreign Capital Gains are not taxed irrespective of whether these are remitted or not.
An individual may take up residence in Malta by declaring his intention within three months of arrival in Malta. For tax purposes, an individual is considered to be a “resident in Malta” when he resides in Malta except for such temporary absences as to the Commissioner may seem reasonable and not inconsistent with the claim of such individual to be resident in Malta. The definition of a resident is clearly not directly tied to the duration of stay in Malta, however it is generally understood that one would definitely be considered as a Maltese resident for a particular year if, during that year, his stay in Malta exceeds 6 months.
Advocates Primei can assist clients with any matter relating to Residence and Immigration, including with appeals from any permit refusal or extension refusal.
Specifically, we can assist with any of the following residence options:
Implementing effective estate planning is essential and requires a structured process based on the client’s particular circumstances. For this to be achieved, the client will have to make a number of considerations including, the identification of the assets that he or she owns, the identification of the intended beneficiaries, the manner in which the estate should be split up, the form of the will to be drawn up, restructuring of the estate (if necessary) including the creation of trusts and partnerships, and the tax considerations involved relating to such restructuring.
Through proper estate planning, the client will continue to enjoy and control his or her assets during one’s lifetime, keep the family wealth private and secure and protect it for future generations.
Advocates Primei also assists clients in drafting the legal documents to protect the assets including wills. Under Maltese law, two types of wills may be drawn up. A public will is received and published by a notary in the presence of two witnesses and is enrolled at the Public Registry. A secret will may be drawn up by the testator himself where the testator knows how to write. In such circumstances whereby the testator does not know how to write, the testator would require the assistance of a judge or a magistrate. Once drawn up, a secret will shall be delivered by the testator to a notary, or in the presence of a judge or magistrate sitting in the court of voluntary jurisdiction, to the registrar of such court.
We also advise on cross-border legal matters including cross-border wills and matrimonial property regimes. We assist clients in drafting wills that deal with international assets and assist clients who live abroad but wish to draft a will for their property situated in Malta.
We also assist clients with any Succession related procedures including testamentary searches, opening of succession procedures, renunciation of succession, and Causa Mortis declarations.
