Legislative Framework

Legislation and Jurisdiction

The Maltese jurisdiction employs a powerful and up-to-date legislative framework which at the same time has a high degree of flexibility built in. When coupled with a regulatory environment which is robust and accessible, this becomes a powerful tool which has gained international recognition for its versatility and unique approach. In fact is considered to be one of the top, emerging financial services centres in the world.

Malta’s legislation is fully compliant with EU directives and Malta has been on the OECD white list for a number of years. The entire framework is geared towards attracting quality and reputable businesses to Malta rather than quantity. In fact, Malta has implemented strict money laundering, insider dealing and professional secrecy laws in line with international standards and EU regulations. This confidence in Malta’s Malta has a single regulator for Financial Services which is the Malta Financial Services Authority (MFSA), which regulates and provides on going supervision of all licensed activity falling under its authority, including financial and credit institutions, investment, trust and insurance business. The authority has a pro-business approach and with high level of accessibility of senior management coupled with a compact decision making structure, Malta can offer bespoke yet robust solutions within what is a dynamic and rapidly evolving sector. The MFSA also houses the Company Registry and the International Tax Unit and this one-stop shop for the financial services sector further enhances efficiency with turnaround for company incorporations and subsequent maintenance being straightforward and rapid.

Legal Heritage

Malta’s legal system is rooted in both Anglo Saxon common law principles and the Napoleonic code. This effectively means that the Maltese hybrid legislative framework draws heavily on tried and tested benchmarks for commercial and civil code. Commercial laws are based on British legislation and rely heavily on case law. It allows for a variety of structures and flexibility including conflict resolution which may be referred to arbitration or the courts.