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Re-Domiciliation of Foundations to Malta Trusts, Foundations and Wealth Management

Re-Domiciliation of Foundations to Malta

​This article was written by Dr Dorita Cardona and Dr Joshua Chircop.​Maltese law allows for the continuation of foreign foundations and associations in Malta. This was introduced by the Voluntary Organisations (Amendment) Act, 2018, by virtue of Act No. XXXVI of 2018, which made a number of changes to the Second Schedule of the Civil Code, being the law that regulates organisations in Malta (the 'Second Schedule'). An organisation is defined as a universality of persons who associate, or a universality of things which are appropriated to achieve a lawful purpose having a form recognised by law, and which is…
Dorita Cardona
14th March 2019
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Amendments to the Voluntary Organisations Act Trusts, Foundations and Wealth Management

Amendments to the Voluntary Organisations Act

The Voluntary Organisations (Amendment) Act, 2018 (the "Act") was promulgated on the 6th November, 2018 to amend the Voluntary Organisations Act and to make consequential and other amendments to the Civil Code and to the Second Schedule to the Civil Code, the Public Collections Act, the Notarial Profession and Notarial Archives Act, the Arbitration Act and the Companies Act.The Act introduces categories of voluntary organisations ("VOs"), namely, government organisations, religious organisations and political organisations. It also incorporates new definitions for lawful purpose, market levels and market conditions and permissible private benefit.New rules have been introduced vesting the Commissioner for VOs…
Joshua Chircop
7th November 2018
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Amendments to the Voluntary Organisations Act Trusts, Foundations and Wealth Management

Amendments to the Voluntary Organisations Act

The Voluntary Organisations (Amendment) Act, 2018 (the "Act") was promulgated on the 6th November, 2018 to amend the Voluntary Organisations Act and to make consequential and other amendments to the Civil Code and to the Second Schedule to the Civil Code, the Public Collections Act, the Notarial Profession and Notarial Archives Act, the Arbitration Act and the Companies Act.The Act introduces categories of voluntary organisations ("VOs"), namely, government organisations, religious organisations and political organisations. It also incorporates new definitions for lawful purpose, market levels and market conditions and permissible private benefit.New rules have been introduced vesting the Commissioner for VOs…
Joshua Chircop
7th November 2018
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Foundations and Cryptos Telecoms, Media & TechnologyTrusts, Foundations and Wealth Management

Foundations and Cryptos

This article was written by Dorita Cardona and Joshua Chircop.Following the introduction of the crypto laws, namely the Virtual Financial Asset Act, the Malta Digital Innovation Authority ("MDIA") Act and the Innovative Technology Arrangements and Services Act, which laid the foundations for Malta's innovative technology sector, Maltese foundations can now be used to issue tokens and carry out trading activities resulting from such operations.A foundation may, subject to such authorisations as may be necessary under applicable laws, issue tokens and carry out any trading activity resulting from such foundation owning, administering or otherwise operating an "innovative technology arrangement", as defined…
Dorita Cardona
25th September 2018
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Foundations and Cryptos Telecoms, Media & TechnologyTrusts, Foundations and Wealth Management

Foundations and Cryptos

This article was written by Dorita Cardona and Joshua Chircop.Following the introduction of the crypto laws, namely the Virtual Financial Asset Act, the Malta Digital Innovation Authority ("MDIA") Act and the Innovative Technology Arrangements and Services Act, which laid the foundations for Malta's innovative technology sector, Maltese foundations can now be used to issue tokens and carry out trading activities resulting from such operations.A foundation may, subject to such authorisations as may be necessary under applicable laws, issue tokens and carry out any trading activity resulting from such foundation owning, administering or otherwise operating an "innovative technology arrangement", as defined…
Dorita Cardona
25th September 2018
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Family Trusts Trusts, Foundations and Wealth Management

Family Trusts

This article was written by Veronica Grixti and Joshua Chircop.The main Maltese legislation regulating trusts in Malta, namely the Trusts and Trustees Act, Chapter 331 of the Laws of Malta ('the Act'), provides that a trust may be created to hold property settled by a settlor or settlors for the present and future needs of family members or family dependants, as defined hereunder, who are definite and can be ascertained ('the Family Trust').Pursuant to the Act, the Malta Financial Services Authority ('the MFSA') has drawn up Rules for Trustees of Family Trusts ('the Rules'), which regulate those companies in formation…
Veronica Grixti
17th March 2017