Tax, Intellectual Property & Company Law Firm in Malta

Chetcuti Cauchi Advocates

120, St. Ursula Street
Valletta VLT 1236
Malta

+356 22056200

+356 22056201

www.cc-advocates.com

Contact Dr Jean-Philippe Chetcuti

Law Firm Overview

Chetcuti Cauchi Advocates is an experienced, dedicated law firm located in Malta. The firm has grown out of a commitment to be different. We have created a unique environment where nothing is taken for granted. Tried and tested practices are continuously subjected to innovative and open-minded revision. Business savvy and professional ambition co-mingle with sound values of excellence, integrity and transparency. We strive to focus on individual needs and to respond promptly to our clients’ immediate requirements, hence giving our clients the highest possible level of personal and professional service.

Chetcuti Cauchi Advocates’ professional service lines span a wide range of legal, fiduciary and corporate services. The firm embraces professionals from various related sectors: law, accounting, taxation, banking, financial services, business development, management, economics, corporate services and trust management. Our unique multi-disciplinary mix results in a greater learning experience for our members and superior all-encompassing results for our clients. The firm is well positioned to service clients ranging from high net worth individuals and families, owner-managed companies to larger corporations. On an international level, Chetcuti Cauchi Advocates has also grown to be regarded as the Maltese firm of choice by various leading professional firms in the EU and worldwide.

The Firm’s culture is marked by the high quality of our specialist advice and by our mutual involvement with our clients, backed by a strong sense of entrepreneurship necessary to understand our clients’ business. No less, we emphasize independence, transparency and responsiveness. We gauge the effectiveness of our teamwork by the degree of success achieved in our clients’ projects and we adopt a results-based approach across the board so that our clients’ success becomes our own success. We stress the importance of a positive and open-minded attitude that inspires a firm-wide culture of viewing problems as opportunities, hence our long-standing reputation as constructive solution advisors.

Chetcuti Cauchi Advocates has established itself as one of the leading law firms in Malta in the fields of financial services, tax law, trusts and estate planning, expatriate law, ICT law and intellectual property law. Chetcuti Cauchi Advocates renders Malta-specific legal and tax services globally to individuals, corporates and professional firms worldwide. While maintaining its independence, the firm collaborates on international projects with foreign law firms acting in major financial and commercial centers in the world.

Languages: Maltese, English, Italian, French, Russian, Polish.

Practice Areas

Additional Practice Areas: Company Law; Lotteries & Gaming; Public Service; Shipping & Yachts.

Practice Areas Description

Chetcuti Cauchi Advocates practices in the following areas of law:

- Art & Cultural Property Law

Whether you are looking to protect your copyright, certify authenticity or manage commercial arrangements, Chetcuti Cauchi Art & Cultural Property Law team can help. Legal issues pertaining to the protection of, and disputes involving cultural property have grown exponentially as a result of a range of factors, such as, increased international publicity and co-operation and the high value (both monetary and sentimental) of artworks and photographs in the present climate. Typical clients range from artists, art collectors, auctioneers, designers, museums to exhibition space owners on all legal matters arising from collecting and transacting in art and cultural property.

- Aviation Law

A colony of Great Britain until 1964 and a base for Britain's Armed Forces for over 150 years, Malta enjoys a history of involvement in the aviation world. The Maltese aviation industry is constantly evolving in accordance with legislative and market advancements with the aim of offering the aviation community a reputable and cost-efficient hosting jurisdiction. Chetcuti Cauchi enjoys a wealth of experience in this enticing and burgeoning field of law including the registration of aircrafts in Malta, sale and purchase deals, aircraft chartering and leasing as well as the negotiations and drafting of aviation related services agreements such as servicing maintenance and repair agreements. Other areas of involvement: Bilateral Air services Agreements; Code Sharing; Conditions of Carriage; Regulation of Airlines; Insurance; Regulation of unlawful conduct on Board of Aircraft; Seizure of Aircraft.

- Commercial Law

Our Commercial Law Practice Group is geared to provide advice going beyond conventional corporate and commercial issues. Our lawyers work closely with other practitioners in the firm and are skilled at identifying and resolving legal issues and providing effective solutions for scenarios involving personal and corporate tax, franchising, intellectual property, employment law, secured transactions, immigration, corporate finance and banking, real estate and leasing, environmental law, international trade, securities law and personal wealth management. Other service we provide include corporate compliance and company secretarial services for private and public companies, setting up of brick-and-mortar or online business operations, formation of local and international companies, corporate finance, group restructuring, liquidations and commercial litigation.

* Debt Collection

We believe that many debts can be recovered out of court with tactful local intervention and bona fide mediation. Where this does not achieve the desired results, our litigators will seek recovery through the Small Claims Tribunals, Courts of Magistrates and Superior Courts of Malta as appropriate.

* Tourism, Hospitality & Leisure

With a strong understanding of the commercial, financial and operational issues faced by owners and operators in these industries, we also provide advice on key business issues such as the structuring of hotel, tourism and leisure ownership, development and operations. We work with national and international hotel chains, hotel operators and management companies, hotel, tourism and leisure property developers and syndicators, national and international private boutique hotel owners and operators, casinos, gaming owners and operators, and national and international cinema chains and distributors, airlines, language schools and timeshare operators worldwide.

- Company Law

Company law is the backbone of modern business and it is therefore logical for a commercial law firm to provide assistance and advice with corporate law issues, both as far as the day-to-day administration and regulatory compliance are concerned. Our Company Lawyers also advise on mergers and acquisitions, divisions, and re-organizations, whether or not motivated by tax planning considerations. The firm has also worked on advices relating to issues of corporate governance and general company law matters under Maltese company law.

- Corporate Services

Our fully-fledged Corporate Services Department is dedicated to providing a comprehensive range of company management services under one roof including Malta company formation, company secretarial, back office administration services, tax compliance, accounting and auditing services. Chetcuti Cauchi has established itself as a leading company formation and administration specialist, using the latest management methodologies and adopting the latest technology to ensure prompt and cost-effective service to the international business community.

- Employment & Labor

Chetcuti Cauchi offers a range of employment-related services to its array of business clients. We specialize in assisting clients identify, manage and reduce business risk in the fields of labor issues, human resources, and health & safety. Our services include drafting and negotiating of service agreements; delineating human resources policies including those related to discrimination, equal treatment on the workplace and wrongful discharge; assistance and consultancy related to recruitment; the attainment of work permits; training of clients managerial staff in relation to HR matters, including legal aspects thereof and litigation in the Industrial Tribunal and Civil Courts.

- Financial Services

Our daily work is advising and assisting financial services operators in the setting up and in the ongoing aspects of their operation from a Maltese regulatory and legal perspective. We work hand in hand with investment services companies, collective investment schemes, insurance companies, financial institutions and credit institutions in the establishment and maintenance of their licensed activity whilst at the same time working around the most appropriate and tax-efficient structure for that particular case. The services provided by Chetcuti Cauchi can be broadly divided into set-up and licensing related services and post-licensing regulatory compliance.

- Lotteries & Gaming

Different jurisdictions have, since time immemorial, treated gaming in diverse ways. With the advent of Internet gaming, the situation has become more complex and increased regulation was deemed necessary. Malta has reacted to this phenomenon in a prudent yet pragmatic manner: it provided a legal framework for gaming operators, whilst at the same time never foregoing high levels of player protection. This has produced a foremost gaming jurisdiction associated with professionalism, regulation and trust.

- Immigration & Relocation

At Chetcuti Cauchi we specialize in providing sound immigration law advice and cross-border relocation assistance to private clients worldwide. Over the years, we have been providing professional assistance to private clients and high net worth individuals seeking to obtain permanent residence permits in Malta for retirement, offshore living, international business travel or tax reasons. With Malta's growing reputation as a quality living destination and a tax-efficient residence solution in the European Union, we have increasingly advised on tax optimization opportunities of moving to Malta under the appropriate residence scheme. We co-operate with a number of overseas law firms, immigration professionals and tax practitioners to provide professional assistance and advice on relocation and tax residence in Malta.

- Insurance Law

Chetcuti Cauchi insurance practice is active in Malta in the field of insurance regulatory and contract law. The firm represents Maltese and foreign-owned companies providing insurance services on the Islands including insurance companies, brokers, agents, sub-agents and managers.

- Intellectual Property Law

Intellectual Property is often a client’s most valuable asset. It is that area of business law which provides entrepreneurs an incentive to create and discover without the constant fear that their initiative could be threatened. The main principle behind our firm’s intellectual property practice is to achieve an in-depth knowledge of our clients' business and the problems encountered in his path to absolute creativity. At Chetcuti Cauchi Advocates we seek to apply a pragmatic business approach to each client’s intellectual property matters and obtain results consistent with the client’s business needs. Whether one wants to protect his technological inventions through patent law or the appearance of mass-produced goods through designs registration, whether an artist needs protection of his literary, artistic and musical creations or a trader needs to distinguish its goods or services from those of another trader, there are always straight-forward or hybrid solutions to achieve the utmost protection possible.

- Media & Entertainment

Our Media and Entertainment Unit (MEU) combines expertise from specialized areas to present the client with the highest quality legal advice required in this field. Our clients include both individuals and companies involved in the media and entertainment industry. Our lawyers ensure that our clients' needs are comprehensively met affording them protection beyond their immediate requirements. Our specialist advice mingled with a thorough grasp of the commercial and legal issues surrounding the media and entertainment industry, provide clients with practical advice relating to creative arts such as music, dance, films, theatre, mobile phones, digital technology and television. Our services span from financing arrangements and structuring to dealing with complex legal contractual associated with the protection of works, recording and publishing agreements. Obviously the lawyers in this department work hand in hand with our tax and corporate services unit as well as our IP Unit in giving clients a comprehensive and thorough service.

- Property & Development

We have extensive experience in real estate transactions in Malta. Our property lawyers and planning consultants can provide consulting on residential, commercial, mixed-use and industrial property acquisition, sale and lease; consulting on residential, tourism and industrial real estate development; government permits and procedures. Chetcuti Cauchi advises on all legal aspects of buying, renting or developing property in Malta. We also work closely with banks, architects and involved parties to ensure smooth property transactions. We are also able to coordinates our in-house project management service for conversion or refurbishment projects of residential and commercial property where appropriate.

- Public Service

Public Procurement, Rules & Regulations, Entities & Contracts - Contractual Dealings, Tendering Process and Procedures, Exclusions & Exemptions, Remedies & Enforcement, Privatizations & Public Private Partnerships.

- Shipping & Yachts

Chetcuti Cauchi holds strong links with all sectors of shipping and maritime law and the firm has specialized lawyers in all shipping-related fields of law including ship finance, litigation and admiralty. Chetcuti Cauchi is the preferred maritime law firm for banks, other financial institutions and ship-owners seeking the most effective and advantageous financing. Our maritime law services include: flag and ship registration under Maltese flag and overseas and dealings with related formalities; bareboat charter registrations; ship owning and ship management company incorporation; marine mortgages and other form of securities; discharging of mortgages; ship sales and purchases; ship finance; chartering and leasing; syndicated bank loans; and generally advising financing institutions on security and mortgage enforcement matters as well as on other Maltese maritime law matters.

- Tax

Chetcuti Cauchi's tax team is a respected boutique tax advisory practice with a breadth of industry expertise largely disproportionate to its size. In addition to advising our clients, Chetcuti Cauchi is often retained by other law firms to provide tax advice to their clients. Our tax lawyers are experienced in an extensive list of tax-related issues, positioning Chetcuti Cauchi as the tax law firm of choice for clients who recognize the value of thorough representation on tax-sensitive issues. Our major areas of our practice include: corporate tax, personal taxation, property tax, e-commerce tax, international tax, energy tax, employee tax, value added tax, trusts and estate planning, investment funds tax and tax disputes.

* Personal & Corporate Tax Compliance

We represent individual and commercial clients in matters having tax implications, identifying and addressing domestic and international tax issues, structuring transactions in such a way as to avoid or minimize taxes in each pertinent jurisdiction. Our in-house Accounting and Tax Unit handles income tax, VAT and other tax returns. We also provide representation with the Inland Revenue and VAT Departments in cases of assessments or other challenges to tax returns.

* International Tax Planning

Our tax lawyers are foremost specialists in their field. Tax planning is our main focus, particularly with the use of Maltese International Trading Companies, Holding Companies and, where applicable, Trusts to legally minimize taxation of business operations. We can combine Maltese components with existing international tax plans as well as work out independent tailored personal and business tax solutions for small owner-managed companies seeking to compete in the international arena.

- Internet, E-Commerce & ICT Law

Information Communications Technology (ICT), e-Commerce, Media and Internet Law have evolved rapidly over the past decade and now constitute an integral part of the business world, having revolutionized the legal arena in which businesses operate. Working hand in hand with our Intellectual Property Division, our ICT law department provides legal advice on all aspects connected to today's technological race. CCA is dedicated to delivering timely, well-informed, and practical legal advice to its clients with a goal of providing them with the necessary tools which enable them to gain a strategic advantage in the technology they need in this competitive marketplace.

- Trusts & Estates

Chetcuti Cauchi advises extensively in the use of trusts in the international context. Chetcuti Cauchi's trust company, is today one of Malta’s foremost fiduciary companies. Chetcuti Cauchi provides assistance in tax planning and in the setting up and management of trusts in Malta or elsewhere as well as the recognition in Malta of foreign trusts. Our fiduciary company can also act as nominee shareholder to hold shares in a company incorporated by us if we are satisfied that the underlying reasons are legitimate.

Affiliations

MSI Global Alliance

Partners

	Dr. Jean-Philippe Chetcuti Lawyer Business Formation, Corporate Finance, Corporate Taxation, E-Commerce, Estate and Trust		Dr. Maria Chetcuti Cauchi Lawyer Banking Law, Capital Markets, Communication, Computer and Software, Copyright
	Dr. Priscilla Mifsud Parker Lawyer Asset Protection, Business Formation, Contracts, Corporate Finance, Corporate Law