Malta has become one of the most attractive countries for foreign investorsdue to the numerous facilities the Government provides them with. Setting up a company in a country is not always easy, that is why requesting specialized services from a law firm that knows all the legal implications of starting a business from scratch is a common thing.
Our law firm in Malta is made up of lawyers who may also provide additional services, such as accounting and management services for international clients interested in opening a company in Malta. The legal services provided by our Maltese lawyers are tailored to the customer’s needs, that is why investors will find it easy to integrate their ideas in the suitabletype of business vehicle. By working together with our lawyers in Malta, foreign businessmen will get straightforward answers and explanations without going through extensive searches.
Ciantar Associates (LawyersMalta.eu) is a partner firm of BridgeWest and is licensed by the Malta Financial Services Authority and by Malta Institute of Accountants as Auditors. Our firm is also a member of several important organizations, among which the AGN International and the Institute of Financial Services Practitioners.
Requiring the legal services of a law firm in Malta is also advisable because of the continuous changes laws go through. With a vast experience in corporate governance, our lawyer in Malta will always advise clients on the best applicable practices inrunning a company. Our clients can focus on their business, while our legal staff will provide them with all the necessary assistance.
Assistance in litigation cases offered by our lawyer in Malta
Foreign citizens and companies facing difficulties which need the attention of lawyers can rely on our law firm in Malta for a wide range of legal services, among which support in litigation cases. Our Maltese lawyers can guide clients in:
corporate disputes related to contracts with other companies or employees;
employment disputes – we can legally assist both employers and employees in obtaining their rights;
other types of contractual disputes governed by the Maltese Civil Procedure Code;
legal assistance in debt collection cases for individuals and companies seeking to recover outstanding amounts of money;
The Maltese judiciarysystem is comprised of inferior courts, civil and criminal courts of appeal and the Constitutional Court. The inferior courts are formed by the Malta Court of Magistrates and the Gozo Court of Magistrates.
Our litigation attorneys in Malta will advise clients with respect to all the options they have in order to in order for the latter to make informed decisions.
Assistance in debt collection cases in Malta
Those who want to recover debts from others and don’t know where to start are invited to reach out to our Maltese lawyers who will guide them during the process.
Potential clients can rely on our attorneys during the amicable or court proceedings related to recovering a debt. We can handle the amicable process of collecting a debt from the beginning until the whole amount is recovered. We will handle all the documents proving the debt, we will send them to the debtor and we will keep in touch with the indebted until they manage to pay the outstanding amount of money.
If the amicable procedure does not work, our support will be offered throughout the legal debt recovery procedure which implies taking the case to one of the Maltese courts. At this stage, we ca offer representation in front of the judge and provide all the documents which sustain the claimant’s case.
Do not hesitate to get in touch with our lawyer in Malta as soon as you find yourself in the position of not being able to recover a debt.
Types of companies in Malta
There are several types of companies which can be registered in Malta. The table below shows the main types of companies, that can be incorporated by our Maltese lawyers, and the share capital requirements for each of them:
there are no share capital requirements for sole proprietorships;
approximately 1,200 euros for private limited liability companies;
approximately 46,600 euros for public limited liability companies;
there are no share capital requirements for partnerships.
It can be difficult for foreign enterprisers to set up a company in Malta, that is why it is best to ask for the services of a law firm. The first step is to select the appropriate business structure, so clients can minimize set up and maintenance costs and maximize their revenue. Our Maltese lawyers will explain in detail what the requirements, advantages, and disadvantages of each type of company are and will help you draft the Articles of Association. Our law firm can act as a company representative during the incorporation procedure through a simple power of attorney, thus enabling clients to focus on other stages of their business. Among the services we provide for company registration in Malta are:
choosing several company names and submitting them for approval with the Trade Register, out of which one will be reserved as a trade name,
opening the company’s bank account and depositing the minimum share capital,
applying for all other necessary business licenses and special permits, if required.
Our lawyer in Malta will also take customers through every step of the registration procedure in order for them to stay informed at any time during the process.
You can also read about our legal services in Malta in the scheme below:
Documents needed to open a company in Malta
If you want to open a company, you will need to prepare the following documents and send them to our Maltese lawyers:
passport or ID copies which need to be certified by a public notary;
Memorandum and Articles of Association of the company which must also be notarized;
bank receipt which will be used as proof of depositing the share capital;
receipt of paying the company registration fee which must also be filed with the other documents;
power of attorney, which is needed only if you choose our legal services in Malta.
Legal services available in Malta
In order to provide specialized services, our Maltese law firm is comprised of specialists in all legal areas: from the basic company incorporation procedures, assistance in accessing governmental and European funds for foreign investors' projects and complex litigation matters.
Among the legal services provided by our lawyers in Malta is also representation in litigation cases. Our litigation attorneys provide legal services for corporate clients dealing with complex situations, but our services are also dedicated to foreign citizens living in Malta and dealing with litigation procedures in civil matters, such as divorce and child custody. Considering mediation has now become one of the most effective ways of settling potential disputes, clients should know that our legal staff is prepared to support them in these types of situations.
Guidance in buying real estate property in Malta
Buying a property in Malta can be very advantageous for those seeking to immigrate to this country through one of the programs announced by the government. Our Maltese lawyers will advise on the conditions which must be met for accessing such a program and prepare the paperwork related to the application with the authorities.
These programs target foreign investors interested in relocating to Malta, so do not hesitate to get in touch with our law firm for more information.
Accounting services in Malta
Our team of Maltese lawyers provides accounting services offered by our partner accountants. Since Maltese tax laws are quite strict and the country’s taxation system is also complex, it is always best to request the help of accounting specialists in order to make sure every financial detail is in place. Our accountants in Malta will provide the following types of services for corporate clients:
explaining the tax advantages companies may benefit from.
Additionally, our accounting team will provide clients with the information about Malta’s double taxation agreements.
You can also watch our video on the legal services provided by our attorneys in Malta:
Malta has a very efficient legal system which allows disputes to be settled by the courts of justice or by employing arbitration and mediation. When it comes to corporate litigation, arbitration has replaced lawsuits because it is less money and time consuming. Civil matters, on the other hand, are mainly dealt with by the Maltese courts. Our Maltese attorneys provide legal assistance in both civil and corporate matters.
The Maltese court system
The Maltese judicial system is made of inferior courts which will handle disputes not exceeding 12,000 euros. The inferior courts are divided into the Gozo Court and the Maltese Civil Court. The Gozo Court will rule in litigation cases carried out in the Gozo and Comino islands. The Maltese judiciary also comprises criminal courts and courts of appeal. The highest court is the Maltese Constitutional Court which rules in all law-related matters and its decisions cannot be appealed.
The Maltese civil courts are divided into a General Jurisdiction, a Voluntary and a Family Section which rule in divorce, child support and other family-related litigation cases.
For information about the Family Law you can rely on our litigation attorneys in Malta.
Mediation in Malta
In 2004 the Government enabled the Mediation Act and the Malta Mediation Centre in order to allow parties involved in litigation to resolve disputes by referring to another authority outside the court. Mediation is a procedure in which the Centre appoints a mediator who will act as an impartial third party with the main role of facilitating negotiations between parties. The mediator will help litigants to settle their dispute in a timely manner by reaching a mutual favorable agreement. For in depth information about mediation procedures you can ask our lawyer in Malta.
Arbitration in Malta
Arbitration is the currently the most employed alternative dispute resolution method for settling commercial litigation in Malta. Arbitration falls under the regulations of the Arbitration Act which was included in the Malta Civil Law. More and more Maltese companies are including arbitration clauses in their contracts nowadays as a way of protecting themselves from costly lawsuits.
Court litigation in Malta
If arbitration and litigation have failed to provide a satisfactory result, one or both parties involved in a dispute are allowed to file a petition with one of the Maltese courts which will reach a final decision and impose a verdict. It is advisable to ask for support from litigation attorneys in Malta when going in front of the courts of justice.
Court litigation in Malta follows specific steps. These are:
the starting procedure which implies filing the case with the court and submitting the evidence;
the second phase will imply sending the notification to the party accused of wrongdoing;
the third phase is the actual process in which both parties are heard, and the evidence is analyzed;
the fourth stage implies the magistrate’s analysis over the case and the issuance of the verdict.
Even if it might seem short, litigation carried out through court procedures can, in fact, last eve a few years.
Our lawyers in Malta will make sure clients will benefit from all the support they need. For any question and personalized offers, we invite you to contact us.
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Simon Ciantar helps foreign investors open different types of companies in Malta and offers financial consulting services. Contact us for details
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I have had a long and fruitful collaboration with LawyersMalta.eu and I have been satisfied by the professionalism of the attorneys I worked with. My questions were duly answered and I can recommend them to foreign investors who need legal consultancy in Malta.
Mihai Cuc, Partner of Enescu&Cuc; Law Firm www.romanianlawoffice.com