Natalino Caruana De Brincat - Legal - Attorney

The concept of the family very largely depends on social, cultural, psychological and legal factors. In fact, the traditional concept of family (a heterosexual married couple and their children) has in the last decades evolved to include many other arrangements, such as for instance co-habiting couples (including those of the same sex); relatives residing in the same household; and friends who reside together, having common property, aspirations and who commit long-term to remain in this form of relationship.

Family Law covers a wide array of family issues which include (i) Prenuptial (Ante-nuptial) Agreements (ii) Adoption procedures (iii) Filiation cases (iv) Paternity cases (v) registration of Foreign marriages and Foreign divorces (vi) Separation proceedings (vii) Divorces proceedings and (viii) Annulments before Civil Courts. Part of our services include the dissolution of the Community of Acquests before the court of voluntary jurisdiction.

Separation in marriage is usually the result of breakdown in the marriage relationship. Regardless of whether a couple will opt for a legal separation or a divorce, they will need to decide on what will happen to the property which forms part of the community of acquests, who shall be awarded care and custody of, access to the children, and the quantum of the maintenance to be paid for the spouses and their minor children.

Divorce terminates a marriage hence it would dissolve the marriage from a legal perspective. In such situation, unlike in the case of legal separation, divorce allows the partners to remarry.

Annulment is somewhat different from divorce since in this case the court would be declaring that  marriage never existed, in this case, like in divorce, the parties will be able to marry again.

Caruana De Brincat Legal assists clients in any of the services listed above primarily in cases of separations, divorce and annulment proceedings, by exploring the possibility of an amicable settlement, or, where necessary, represents them before the appropriate forum.

COMPANY INCORPORATION

Setting up a business will more often than not require that you set up a company to handle it. Setting up a limited liability company, be it public or private, in line with the Laws of Malta requires a number of decisions that we at Caruana De Brincat Legal will have to explore with clients.

A company, similar to any other commercial partnerships is created by means of an agreement, also called the Memorandum of Association (MoA), between its shareholders or members. The said shall be registered with the Registry of Companies (RoC), whom in turn will confirm the company’s incorporation.

The Limited Liability Company (Ltd) setup is the most commonly chosen medium for doing business in Malta and around the European Union, because it offers a vast array of advantages to shareholders of having their liability caped to the amount remaining unpaid on their shares capital, however this is not a card-blanc since there are limitations related to wrongful and fraudulent trading.  

A company is considered as a legal distinct person in its own right and this have a juridical identity, thus the assets and liabilities of the company are separate from those of its shareholders.

We provide guidance regarding to the choice of entity formation, intellectual property protection, application and counselling, property law (purchases, rental and selling of immovable and movable property), employment Law (employment and visa permits), commercial law, contract negotiation and drafting, and equipment rental or leasing.

Caruana De Brincat Legal provide all these services as a one stop shop basis. Call us to discuss further your requirements.

INTELLECTUAL PROPERTY

Corporate image is one of the most important aspects of how a company communicates with its audience, whichever social strata is being targeted. Corporate Identity amounts to a corporate name or title, logo or mission statement and supporting devices commonly assembled within a set of guidelines. These guidelines govern how the identity of the firm applied which includes the basic aspects of corporate image, such as approved colour palettes, typefaces, page layouts and other matters.  

This also includes the taking care of several legal matters such as registration of trademarks, trade names and other issues. It is an important aspect which is to be taken onboard from an embryonic stage during the company formation, or when there is a transition, or rebranding strategy.

Our office can assist with trademark registration and other matters related thereto, thus can offer a full 360 service when it comes to intellectual property and corporate identity strategy.

Malta being a full member of the European Union (EU) gives the right opportunities for one to set his place of abode. However, even though Malta is a member of the EU, a person having the intention to settle permanently in Malta is still obliged to follow specific immigration Laws, which differ from those of other EU jurisdictions. Citizens of foreign countries (also known as third-country national or TCN`s), particularly non-EU nationals require a visa in order to enter the Maltese Islands and also it might be the case where one needs an Employment Licence.

Furthermore, once in Malta, both EU citizens and third-country nationals, are required to apply for a residence permit covering the entire period of their stay in Malta if this extends beyond the original period granted by their visa.

This means that the permit will involve the submitting of appropriate applications to comply with the local authorities.  Caruana De Brincat Legal have first-hand knowledge regarding the process to be followed and thus provide the ideal one-stop-shop for all circumstances.

Caruana De Brincat Legal is driven by a committed HRM believer. Natalino Caruana De Brincat`s motto is “employees are the most important asset to the success of any organisation”. We have been delegated to monitor, devise strategies, rules, procedures and implement corporate management changes. The change process can also include a company`s restructuring, which usually is preceded by a one-to-one interview of all employees and this after having understood the momentum and impetus behind the change drive.

Employment Law is daily assuming added importance not least in view of the multicultural profile of our country.

Clients regularly need to be assisted about different forms of employment, as in distinguishing between contracts for a definite or for an indefinite term, contracts on a part-time or whole time basis, contracts where the employer avails himself of the services of his provider who remains a self-employed person, and contracts with persons of different nationalities where attention would also need to be given to visa, residence and employment licence requirements (vide section dealing with employment licence applications).

As in other fields of law, your requirements and success are our own requirements and our own success.

Caruana De Brincat Legal assists clients in drafting custom-made employment contracts, termination notices and agreements and, in instances of dispute, our office also offers its services to employees / employers in exploring the possibility of an amicable settlement, or, where necessary, represents them before the local Industrial Tribunal.

Our office can assist and guide anyone when buying, selling or renting immovable property (real estate) in Malta.

We provide guidance as to the title of the property chosen, succession issues, and any other legal or practical matters burdening such property. The latter includes assisting clients with litigation matters directly related to property law both before planning tribunals and Courts.

Our clients appreciate that we have no direct or indirect commitment or relationship neither with any estate agents nor banking institutions on the island, thus confirming no conflict of interest “a priori”.

We are also able to accept a power of attorney so as to enable us to dispose of assets on their behalf. The latter is subject to a proper due diligence check and all know your clients (KYC) procedures.

Criminal law is important to provide good order and peace in a country. In Malta Criminal Law is regulated namely by chapter 9 of the Laws of Malta, nevertheless other crimes can be found in other chapters of the Laws including those regulating health and safety, employment, planning, press and media, value added tax and income tax.

Offences are twofold either Crimes or Contraventions. The latter are clearly defined in Article 2 of the Criminal Code. The classification distinguishes between a Crime and a Contravention according to the gravity of the offence.  The more serious the offence the more harsh the sanctions and thus classified as Crime, while the minor offences are classified as Contraventions.

The criminal law courts in Malta can be split up into three tiers:

• Court of Magistrates;
• Criminal Court;
• Court of Criminal Appeal.