Shipping, Yachting and Transport

Shipping, Yachting and Transport

Practice Area Overview

Given its unique location, Malta has a centuries-old maritime tradition. Malta has today become the flagship register of merchant vessels and is rapidly becoming a key regional hub in anything that is maritime related. The island is highly regarded as a globally respected centre that provides a full suite of support services to ship owners and operators. Malta is has become an international hub for services in the yachting industry, whether in the registration, corporate and servicing sphere. Particularly, over the past years the Maltese ship register has also seen a very significant increase in the registration of super yacht tonnage.

The sector has blossomed thanks to Malta’s attractive legislative framework and a competitive and transparent fiscal and taxation regime. Attracting owners of commercial and luxury private yachts, Malta has also propelled itself as one of the most attractive European jurisdictions when it comes to the importation of yachts into the European Union.

Mamo TCV is deeply rooted in the maritime sector. We have the in-house capacity to offer services in all aspects of shipping and yachting-related work including ship finance, registration, sale and purchase, importation, corporate structuring and re-structuring, port operations, taxation and VAT, litigation and admiralty. We have also been involved in the registration of some of the world’s most prestigious yachts.

Scope of Services
  • Incorporation of ship/yachting owning/managing entities
  • Advisory services in relation to ownership/operation structuring
  • Advisory services in relation to tax matters (tonnage tax (application of EU Maritime Guidelines on State Aid), corporate tax, personnel tax, social security/national insurance, Value Added Tax (VAT), capital gains and documentary taxes)
  • Yacht and Ship Customs Importation (including temporary importation)
  •  Advising on and negotiating yacht sale and purchase
  • Handling Ship finance briefs including mortgage registration, drafting of ship security packages (Deed of covenants, share sledges and security assignments) and review of loan./ facility documentation
  • Advising on the incorporation and use of Ship/yacht asset protected cell companies in Malta (MAPCC)
  • Shipping litigation including asset tracing, ship/admiralty arrest, enforcement of mortgages/mortgagee in possession rights
  • Reviewing of operating terms and conditions (cruise liners, ferry ships /charter vessels)
  • Advising on matters relating to aquaculture, fisheries and fish farming
  • Advising on water sports operations/issues, local waters operations
  • Advising on general transport law issues (CMR, road haulage. Infrastructure)

Key Contacts

Nicholas Valenzia
Joseph Camilleri
Ingrid Fenech

The team at Mamo TCV Advocates can handle all aspects of maritime law from ship registration and ownership structures to maritime litigation. Nicholas Valenzia and his team has assisted major financiers and providers in the lease financing of yachts. Joseph Camilleri handles maritime litigation and transactional work.

The Legal 5002022

Experienced team offering maritime transport operators, yacht service providers and public service bodies corporate and regulatory advice on the arrest of vessels and maritime litigation.

Chambers Europe2021

I have been working closely with the firm since approximately 2008. The assessment of the firm is without any doubt an excellent one. Services given have been top-notch throughout, with professional, sound legal advice, strong litigation and one hundred per cent commitment towards the issues – especially when taking into account the workload of such firms and their other clients. With respect to the responsiveness, their services are always timely and consistent. There were instances where we required their professional services after office hours (weekends, holidays, late evenings); these related to the arrest of vessels. Regarding value-added services, I am of the opinion that these are made up of their commitment, perseverance, the professional and working relationship that has been established and ultimately, friendship. Without hesitation, I confirm that Mamo TCV is a top-notch and leading law firm and, as I regularly do, recommend such a firm in all the various civil, commercial and maritime related issues.

The Legal 5002020

My closest contact is with Dr Joseph Camilleri. Dr Camilleri is a down-to-earth person, intelligent, extremely capable and hardworking. He always seeks to solve an issue in a practical manner, with a view to limit expenses as well as to avoid unnecessary litigation. There is no question regarding his commitment or professionalism. Furthermore, he makes sure to explain all legal issues, especially complex ones, and including the legal action and perceived risks, in simple terms in order for there to be full understanding, clarity and certainty. He has an innate ability to make a complex legal issue look simple.

The Legal 5002020