Full Service Law Firm in Catania, Sicily

Mifsud & Mifsud Advocates

Catania, Sicily Catania, Sicily Italy

 +356 27237172

www.mifsudadvocates.com.mt
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Law Firm Overview

Mifsud & Mifsud Advocates is a law firm with its head office based in Malta and with a branch office in Catania, Sicily. Its client base, besides local, is predominantly European and North American, however the law firm is also active in North Africa and the Middle East. Mifsud & Mifsud Advocates was set up, by Dr Malcolm Mifsud, a lawyer specialized in commercial and maritime law, together with his brother Dr. Cedric Mifsud, who specializes in Corporate and European Law.

Since its inception, due to its founders’ experience in other legal consultancy set ups, Mifsud & Mifsud Advocates has seen a swift expansion of its practice in a number of sectors; mainly the areas of financial services such as trading and holding corporate structures, trust services, tax advisory, shipping and EU regulatory compliance services.

The founders have also conserved and invested in the growth of other practice areas, mainly those related to advisory and litigation in various sectors such as family, civil and property law, competition law, commercial litigation and debt collection services. Mifsud & Mifsud Advocates, through the expertise of its founders and the rest of the team working for the firm, has become a boutique law firm offering specialized legal services in a number of areas for local and foreign, individual and corporate clients requiring a one stop shop in a number of specialized legal fields.

Practice Areas

Additional Practice Areas: Collective Investment Funds; Company Law; EU Law; ICT Law; Infringement; Piracy; Forgery; iGaming; Public Procurement

Practice Areas Description

Mifsud & Mifsud Advocates legal representation and services include the following:

- Banking Law

Modern and comprehensive banking and other financial services legislation further enhances Malta's already well established banking reputation for soundness and professional integrity and ensures the efficiency of all credit institutions operating in or from Malta. Moreover, the legislation's alignment with all EU directives as a result of Malta’s relatively new status as a full member of the EU ensures that this jurisdiction is very well geared for the challenges that lie ahead, including fully adhering with its responsibilities to align itself with the general trend for harmonization in international banking regulation. Mifsud & Mifsud Advocates provides banking law advice and related services to its local and international clients.

- Collective Investment Funds

* Retail Mutual Funds

Malta is fast emerging as an ideal jurisdiction within the EU for the registration and licensing of Mutual Funds in general, including Retail Mutual Funds. A competent regulatory environment, an efficient and very cost-effective licensing procedure, and quality and competitive professional services, coupled with a tax neutral environment for ‘non-prescribed” mutual funds (i.e. not targeting the local market), renders Malta an attractive and increasingly sought after alternative to Luxembourg, Ireland and the surviving Caribbean fund jurisdictions. Retail Mutual Funds can be registered and licensed as Single or Umbrella Funds and some of this jurisdiction’s attractive features include a low initial capital requirement, very competitive licensing costs, competent service providers, the possibility of using foreign Custodians and Fund Managers, the possibility of listing shares on the Malta Stock Exchange, and of course the possibility of passporting to the EU member States.

* Professional Investor Funds

Malta’s rapidly increasing appeal as a Mutual Fund jurisdiction can be said to have really kicked off with the emergence of the Professional Investor Fund regime. PIFs are for all intents and purposes regular Mutual Funds, but with certain defining characteristics that render them subject to minimal regulation. Like any Mutual Fund, a PIF can take the form of an incorporated open or closed ended investment company – in the form of a SICAV or INVCO or a unit trust. But unlike normal Retail Mutual Funds they can only take one of two forms, either a PIF promoted to Qualifying Investors where the investors must meet certain criteria and must invest a Minimum initial investment of USD100,000, or other currency equivalent, and a PIF promoted to Experienced Investors where the investors must also meet certain criteria and must invest a minimum investment of USD20,000 or equivalent in foreign currency.

- Company Law

Technically, Maltese law provides only for two types of corporate vehicles or companies; the public company and the private company. In practice, however, various other kinds of companies are distinguished, as different rights and/or obligations are applied to companies dependent on certain relevant circumstances. Such different rights and obligations do not always follow from the Companies Act and often emanate from other provisions of law. Of relevance amongst the types and kinds of companies distinguishable in Malta are the following: private and public limited liability companies; private and public collective investment companies with fixed or variable capital, and overseas companies. These different types of companies are separate legal persons or entities whose corporate affairs are mostly regulated by the Companies Act 1995, which is inspired by English company law and is largely harmonized with EU legislation relating to company law. Mifsud & Mifsud Advocates is actively involved in providing company law advice and related services to its local and international clients in different economic sectors.

- Criminal Law

The firm assists clients during criminal proceedings at all stages which include also proceedings before the Court of Criminal Appeal. Lawyers in the firm have assisted a number of individuals at trials by jury before the Criminal Court. The firm’s team also practices before the Court of Magistrates as a Court of Criminal Inquiry or as a Court of Criminal Judicature. The firm was also appointed to prosecute before the Northern and Valletta Local Tribunal (jurisdiction: St. Paul’s Bay, Naxxar, Mosta, Gharghur, Mellieha, Mgarr, Valletta and Floriana) by the Northern and Valletta Joint Committees for Local Enforcement and are responsible to prosecute individuals accused of Local and Environmental Offenses.

- EU Law

Mifsud & Mifsud Advocates has a specialized EU law department which focuses on assisting clients with EU regulatory compliance. This Department offers its clients advice in a variety fields of EU Law including but not limited to electronic communications, environmental law, employment law, judicial protection, competition law, intellectual property, taxation and company law. The firm has a number of European affiliates which correspondence on a weekly basis on a number of developments taking place in the EU law sector. Mifsud & Mifsud Advocates is frequently engaged by these affiliates to provide consultancy work for international client’s vis-à-vis Malta’s progress on the enforcement of EU regulations, transposition of EU directives and opinions on the impact of local legislations in relation to the client’s EU law requirements.

- Financial Institutions

The Financial Institutions Act is geared to the regulation and supervision of those financial services providers which do not fall within the fold of credit institutions as understood under the Banking Act. These Institutions essentially consist of those types of institutions that are not covered by the Banking Act or the Investment Services Act. The distinction with credit institutions licensed under the Banking Act lies in the way a Financial Institution funds its activities. Thus a Financial Institution cannot fund its activities by accepting repayable deposits or other like funds from the public. The activities contemplated by this Act include lending, financial leasing, venture or risk capital, money transmission services, issuing and administering means of payment, guarantees and commitments, trading for own account and for account of others in various financial instruments, underwriting share issues and participation therein as well as money brokerage. Mifsud & Mifsud Advocates provides advice and related services to existing and prospective Financial Institutions.

- 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. We provide legal advice on all aspects connected to today's technological race, including: Advice on legal aspects of website development; Drafting and application of software &/or development contracts; Drafting and application of general terms and conditions, licensing agreements, outsourcing agreements and hosting- and ASP-agreements; Advice on risk management, due diligence and (European) information and communication technology tenders; ISP liability - copyright infringement, consumer/user rights; E-banking licenses; Acquisition of domain names and domain names disputes; Transfer of technology (know-how, patents, trademarks and copyright) and the applicable agreements; Venture capital, securities offerings, mergers and acquisitions; Advice on the legal implications of hacking, security infringements, encryption and piracy; Legal assistance in the suppression of harmful and illegal content on the internet (including material violating intellectual property rights and trade secrets, child pornography, defamatory material, racist material, etc.); Consultancy and assistance in the event of computer-related fraud and forgery.

- iGaming

Malta has managed to provide 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. Mifsud & Mifsud Advocates prides itself of in-depth expertise in all aspects of gaming, based on a thorough understanding of the business and of the specific needs peculiar to different types of operators, whether betting, betting exchanges, casinos, poker rooms, gaming platforms or marketers. The firm is geared to provide advice going beyond conventional licensing requirements.

- Intellectual Property

As with most other areas of Maltese law, those laws relating to Intellectual property have been recently revisited and updated with most EU legislation in the field. This applies in the case of Maltese law on Patents (Patents Act - 2000, which adopts most provisions of the EPC (European Patent Convention); Trademarks (Trademarks Act – 2000, which adopts EU council directive 89/104); and Copyright (Copyright Act – 2000, which adopts all relevant EU Directives). Not so with respect to Designs, which are still regulated by the Industrial Property Ordinance 1900. The latter however, as with the other more modern legislative acts mentioned above, does reflect the principles of the TRIPS Agreement. Mifsud & Mifsud Advocates provides services for the registration of patents, designs, and trademarks, and it also provides legal services for the licensing and regulatory protection of such patents, designs, and trademarks, as well as of copyright materials.

- Litigation

One of the firm’s strongest practice areas lies within the litigation department. The firm has a number of experienced litigation lawyers, all with an established background in court practice, concentrating primarily on civil and commercial law. The firm has a vast experience in assisting local clients before the Maltese Courts & Tribunals, but it also has a large international client base requiring assistance in commercial, maritime and intellectual property matter, amongst others and the recognition of foreign judgments. Our lawyers have also been engaged by local and international clients to assist them before a number of local administrative boards, amongst them the Contract Appeals Board.

- Arbitration

The Malta Arbitration Centre was set up to promote and encourage the conduct of domestic arbitration and international commercial arbitration. The Firm has considerable experience in assisting clients during arbitration proceeding and is a promoter of the use of arbitration as a form of dispute resolution.

- Maritime

Malta has a centuries old Maritime tradition. The strategic location of the Maltese Islands at heart of the Mediterranean Sea, its natural harbors, and the entrepreneurial and maritime skills of its people have, since time immemorial, conspired with its history and millennial culture to transform this European sovereign state into an international maritime service centre. Mifsud & Mifsud Advocates is able to provide all legal services in connection with the maritime sector.

- Public Procurement

Mifsud & Mifsud Advocates has a successful track record in advising and assisting foreign and local clients in the various stages of local public contracts. The firm’s legal team has considerable knowledge of the local public procurement laws and regulations namely the Public Contracts Regulations of 2003. Mifsud and Mifsud Advocates has experience in advising and assisting clients in the following stages related to public procurement: pre-submission of bid; submission of bid; negotiations; appeals and other related disputes; assistance on interpretation of obligations once contract is awarded; and interpretation of EU procurement rules.

- Trusts

A trust is an obligation which binds a person or persons (called the ‘trustees’) to deal with property over which they have control (called ‘the trust property’) for the benefit of persons (called the beneficiaries) or for a charitable purpose in accordance with the terms of the trust. A trust may come into existence by an instrument in writing including by a will. A unilateral declaration of trust is also possible. A trust may also come into existence by oral declaration, with the exception of a unit trust which must be created by a written instrument. Also in the case of an inter-vivos trust, the trust must be created by notarial trust deed. A trust may also come into existence by operation of law or by a judicial decision. A trust may continue until the 100th anniversary of the date on which it came into existence, and, unless sooner terminated, shall terminate. This limit does not apply to a trust for a charitable purpose or to a unit trust. Mifsud & Mifsud Advocates is actively involved in providing Trust law advice and Trust related services to its local and international clients in different economic sectors.

Affiliations

Lawyers

Dr. Stefano Nobile Attorney Family Law, Intellectual Property, Litigation

More Information on Mifsud & Mifsud Advocates

EU Law Firm in Catania, Sicily
Catania, Sicily Company Law Firm
Banking Law Firm in Catania, Sicily
Criminal Law Firm in Catania, Sicily
Catania, Sicily Litigation Advocates
Maritime Advocates in Catania, Sicily
Catania, Sicily Financial Institution Lawyers
Catania, Sicily Intellectual Property Lawyer
Mifsud & Mifsud Advocates News and Publications
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• Malta - Valletta - Main Office