Corporate Law, Financial Services, Estate Planning and Shipping Law Firm in Swatar, Malta

Zammit & Associates

The Penthouse, Tower Business Centre
Tower Street
Swatar BKR 4013
Malta

+356 25572300

+356 25572310

www.zammit-law.com

Contact Dr Andrew J. Zammit

Published Articles

Law Firm Overview

At Zammit & Associates - Advocates we are committed to providing our clients with smart and effective legal solutions, based on detailed legal analysis and carefully-considered courses of action, delivering complete peace of mind - every time. This commitment, combined with pragmatism, efficiency and pro-active thinking, has earned our firm the solid reputation that our clients have come to rely on for their legal requirements in Malta.

As a leading law firm in Malta we specialize in corporate and commercial law, mergers and acquisitions, finance, financial services, hedge fund registration, e-commerce, employment, immovable property, shipping, yachting and aviation. Our client-base is largely composed of foreign-owned Maltese companies, high net-worth individuals and financial institutions.

In the course of conducting assignments requiring multi-jurisdictional or multi-disciplinary expertise, we regularly involve other local and international consultants, all experts in their respective field, providing our clients with the seamless, timely and quality advice required to take more informed business decisions.

Zammit & Associates - Advocates is a member of the Malta Chamber of Advocates, the International Bar Association (IBA), the Institute of Financial Services Practitioners (IFSP), FinanceMalta, the International Tax Practitioners Association (ITPA), International Fiscal Association (IFA), Malta Maritime Law Association (MMLA), and International Masters of Gaming Law (IMGL).

Year this Office was Established: 2005

Languages: Italian, French, Maltese, and English

Practice Areas

Additional Practice Areas: Electronic Communications; Employment Agreements; ICT Law; iGaming; Yachting.

Practice Areas Description

Zammit & Associates has a wealth of experience representing clients in a broad spectrum of legal practice areas:

- Aviation

As an EU member state and a leading financial services jurisdiction, Malta has established a clear strategic political vision supporting the aviation industry. Following its worldwide success in the maritime sector, Malta is now working towards building the same strength and growth of its aircraft register. The Malta Aircraft Registration Act, 2010 (the “Act”) came into force on 1st October 2010 and its main aim is to regulate the registration of aircraft, the registration and enforcement of aircraft mortgages and the implementation of the Cape Town Convention and the aircraft protocol and its interface with Maltese law.

- Company Law and Corporate Finance

The firm handles a number of corporate issues dealing with all aspects of Malta company law including structuring and formation, corporate governance, shareholders' agreements, mergers and acquisitions, corporate finance agreements, joint ventures, commercial partnerships, agreements for the sale and purchase of shares, transfers of business, and re-domiciliation of companies into and out of Malta. The firm is retained by several international clients, advising them on various structuring and financial security issues relevant to their Maltese subsidiaries, and also acts for a number of European-based financial institutions in attaining valid and enforceable security rights over assets situated in Malta or vested in Maltese persons.

- Electronic Communications

Our Electronic Communications Law practice has been involved in providing regulatory advice to clients both locally and to regulators in developing countries. Our expertise covers the following areas: drafting and implementation of legal frameworks for electronic communications and related issues; drafting of consultation papers and responses to consultation; competition and antitrust matters; market analyses; licensing; spectrum management, reframing and auction design; mobile virtual network operators/enablers (MVNOs); numbering and number portability; international connectivity; convergence; legal interception; dispute resolution; cost accounting and methodology; next generation access; infrastructure sharing; rights of way and in-house wiring; communications on vessels and aircrafts. We are also able to provide tailor-made courses focusing on regulatory issues relating to electronic communications and related areas.

- Employment Contract

Maltese Labor Law is essentially based on the contractual agreement entered into between employer and employee, provided that the statutory conditions of employment are respected. Thus, whereas certain conditions of employment are strictly regulated as a matter of law, other conditions are left entirely up to the parties to agree upon, as long as these are also considered to be objectively reasonable. Where the minimum conditions of employment are established by law or regulation, only those provisions that are more favorable to the employee are considered as being legally valid and enforceable. Collective agreements work in the same way, binding the employer party to the agreement and the members of the trade union negotiating on the employees’ behalf. Individuals not belonging to the trade union in question may also agree to be governed by the terms of the collective agreement.

- Employment Law and Industrial Relations

Zammit & Associates - Advocates, provides its clients with an array of employment-related solutions including contracts of service, dismissals, redundancies, transfers of employees between undertakings, equal treatment on the workplace and the implementation of appropriate systems and procedures for clients’ human resources. Our services in respect of employment and industrial relations matters include the following: Employment agreements; Industry-specific conditions of employment; Implementation of suitable incentive schemes; Work permits; Incentives and grants; Data protection and privacy issues; Transfer of employees between undertakings; Dismissals; Redundancies; Proceedings before the Industrial Tribunal.

- Finance

Our firm is well-established in the field of finance, dealing with asset, corporate and project finance transactions and providing practical legal advice and solutions in relation to the formality, validity and enforcement of in rem and in personam security rights in terms of Maltese law. Our finance practice is geared to offering the following services in relation to finance transactions: Preparation and review of loan agreements and security agreements; Advice on security rights in rem and in personam; Registration of security rights; Structuring of syndicates and security trust arrangements; Providing legal opinions on the validity and enforceability of financial security and any amendments or variations thereto; Conducting searches in public records in Malta; Assignment or novation of security; Debt restructuring; Preservation and enforcement of security rights; Tax structuring.

- Financial Services

The firm’s financial services department provides bespoke advice in the area of financial services, assisting clients with all regulatory formalities and clearances. The firm’s services include the following: Advice and assistance in relation to the structuring, licensing and establishment of Collective Investment Schemes and Professional Investor Funds; Advice and assistance in relation to the licensing and establishment of Affiliated Insurance Companies (otherwise known as “AIC” or “captive insurance companies”); Advice and Assistance relating to regulated activities in the areas of banking, electronic money institutions and other financial activities.

- Information and Communication Technology Law

In view of the indispensability of computers as an everyday business tool, the evident reliance of modern-day business on electronic communications, the ever-increasing volumes of online consumption, the associated need for reliable back-end payment gateways for online merchants, and the associated legal issues relating to security, privacy, execution of digital contracts and cross-border application of licensing and legal requirements, the firm has been retained on a number of ICT-related consultancy and research jobs, making it one of Malta’s leading legal consultants in the field.

- iGaming Law

iGaming has become a major contributor to Malta’s GDP and government revenue from the iGaming industry is expected to reach €19 million in 2009. The industry has generated substantial economic activity in Malta over the past years, particularly since the introduction of the Remote Gaming Regulations (L.N. 176 of 2004) and the upgrading of its internet cable links with mainland Europe. Over the past years Malta has successfully established itself as a leading, serious and well-regulated European remote gaming jurisdiction and is estimated to host around 10% of the world’s on line gaming companies. The Government of Malta had carried out a complete revision and consolidation of the gaming legislation, and a new all-encompassing gaming law was enacted by the Maltese Parliament in virtue of which the Malta Lotteries and Gaming Authority (LGA) has been set up.

- Insolvency & Bankruptcy

Corporate Insolvency and Personal Bankruptcy invariably bring a number of legal issues to the fore affecting the rights of all stakeholders, the ranking of creditors, and the compliance with various legal procedures intended to safeguard the various interests involved. The firm provides comprehensive guidance and advice to its clients in respect of any liquidation or bankruptcy proceedings that may affect them, and also provides legal assistance to liquidators, especially in handling contentious matters that may arise in the course of the winding-up of the company’s affairs.

- Intellectual Property

The firm’s intellectual property interests lie primarily in technology- and software- related issues. With Malta’s steady development as a center for ICT excellence, internet-based industries including remote gaming and financial services have seen a dramatic growth over the past five years. The firm’s IP practice is most active in the context of software licensing contracts, assignment of rights and interests in software and internet domain-names, IP escrow agreements and the handling, processing and assignment of customer databases.

- Litigation & Arbitration

We have a solid litigation and arbitration practice dealing primarily with material commercial issues having an international dimension. Our litigation practice has been entrusted with some high-profile litigation matters before the Maltese Courts, the Malta Arbitration Centre and also in reaching amicable out-of-court settlements. Our litigation practice provides the following services: Assertion of non-monetary claims; Admiralty law issues and arrest of vessels; Arrest of aircraft; Corporate deadlock and unfair prejudice; Court winding-up of companies; Enforcement of foreign judgments and arbitration awards; Division of estates; Debt collection.

- Mergers & Acquisitions

Zammit & Associates - Advocates has been involved in several international merger and acquisition transactions, tender offers, corporate restructurings, transfers of business, spin-offs and leveraged buy-out transactions, primarily getting involved in relation to the Maltese subsidiary companies of multi-national business groups, both regulated and unregulated. The firm is geared-up to assist sellers, buyers, investors, investment banks, commercial banks, private equity and venture capital funds, institutional lenders, and management groups.

- Real Estate

The Maltese real estate sector has provided a steady record of healthy financial return for property owners. The island has also experienced a considerable influx of foreigners who are acquiring properties on the island for their business requirements or as a home. Our experience in the real estate sector spans across the spectrum, from the negotiation of long-term leases to the structuring of significant real estate deals. Zammit & Associates - Advocates can assist with: Purchase and sale transactions; Lease agreements; Turnkey and fit-out agreements; Implementation of condominium rules; Real estate finance; Registration or cancellation of privileges and hypothecs over immovable property; Divisions of co-owned property; Obtaining of necessary acquisition permits; Creation of property-owning trusts; Property searches with the Public Registry and Land Registry; Co-ordination of planning permits with qualified architectural engineers; Co-ordination of
Tax structuring.

- Shipping

Zammit & Associates - Advocates offers the following shipping related services: Registration, transfer and deletion of vessels under the Malta flag; Registration of bareboat charters under the Malta flag; Searches of the Malta ship register; Searches of Maltese ship-owning entities; Co-ordination of vessel financing transactions, preparation and review of loan agreements, security agreements, statutory mortgages, collateral deeds of covenants, issuing of legal opinions; Registration, amendment, transfer and discharge of statutory mortgage deeds registered over Malta-registered vessels; Structuring and implementation of vessel re-finance transactions; Handling of on-going crewing and compliance formalities with the relevant Maltese authorities; Enforcement of claims against Malta-registered vessels, and vessels situated within Maltese territorial waters; Arrest of vessels.

- Malta Tax

Malta’s tax system has been and remains an important factor in securing the country’s steady and significant growth as a reputable financial services centre. The tax system was vetted thoroughly by the European Commission upon Malta’s accession to the European Union and has since been approved as fully compliant with all requirements of EU law. Zammit & Associates - Advocates provides a range of local and international clients with consultancy and advisory services addressing any aspects of domestic taxation and the Malta tax treatment of proposed structures or transactions of varying size and complexity. Our tax practice is regularly called upon to assist in high-level tax and estate planning and also to advise on the Malta tax implications of non-tax driven exercises involving corporate, trusts and other arrangements.

- Trusts & Estate Planning

The integration into Maltese law of a comprehensive legal framework for trusts in 2004 served to complement Malta’s financial services legislative framework. The new Trusts Act has served to enable Malta to honor its international commitments towards the OECD and the FATF, galvanizing Malta’s position as a reputable international financial centre whilst simultaneously providing new opportunities for wealth management and estate planning practitioners. We offer a complete range of trust-related advice and support including the following: Creation of bespoke trust structures; Escrow agreements; Protection of assets; Fiduciary arrangements; Security trusts; Advice to Trustees; Charitable trusts and foundations.

- Yachting

Our maritime practice also provides the following services: Registration and deletion of yachts under the Malta flag; Structuring and implementation of tax-efficient yacht-owning structures; Co-ordination of commercial yacht certification; Co-ordination of temporary importation procedures; Searches of the Malta yacht register; Searches of Maltese yacht-owning entities; Co-ordination of yacht financing transactions, preparation and review of loan agreements, security agreements, statutory mortgages, collateral deeds of covenants, issuing of legal opinions; Registration, amendment, transfer and discharge of statutory mortgage deeds registered over Malta-registered yachts; Upkeep of annual renewal of registration; Enforcement of claims against Malta-registered yachts, and yachts situated within Maltese territorial waters; Handling of on-going crewing and compliance formalities with the relevant Maltese authorities; Tax structuring and administration.

Affiliations

International Bar Association
IMGL
Employment Law Alliance
Finance Malta

Partners

Dr. Andrew J. Zammit
Attorney
Aerospace Law, Aviation Law, Banking and Finance, Bankruptcy, Business and Industry

Associates

	Dr. Richard Bernard Attorney Arbitration, Business and Industry, Commercial Law, Contracts, Corporate Law		Dra. Ann M. Bugeja Attorney Aviation Law, Contracts, Corporate Law, Employment, Intellectual Property
	Dr. Doran Magri Demajo Attorney Admiralty and Maritime, Arbitration, Aviation Law, Banking and Finance, Bankruptcy		Dr. Jackie Scerri Attorney Advertising, Antitrust and Trade Regulation, Arbitration, Business Litigation, Commercial Litigation