Aviation

Building on its unrivalled reputation in Malta, GANADO has been at the forefront of Malta’s emergence as an aircraft registry of choice.

In early 2009, GANADO was entrusted by the Maltese Government to update Malta’s aviation and air-finance related laws. This project resulted in the enactment of the Aircraft Registration Act (Cap. 503, Laws of Malta) in 2010 as well as Malta’s accession to the Convention on International Interests in Mobile Equipment, 2001 (the Cape Town Convention) and its Protocol. The Aircraft Registration Act revamped Malta’s aviation laws by offering a creditor-friendly environment, putting Malta firmly on the aviation map particularly with financiers.

GANADO Advocates … is considered one of the true heavyweights in aviation law.”Legal 500 EMEA, 2014.

Our Aviation Industry Grouping is able to assist aircraft owners and operators with various legal aspects related to aircraft registration including assistance with applications for Air Operator Certificates and Operating Licences from the Civil Aviation Directorate in Malta. We also regularly assist buyers and sellers as well as lessors and lessees with aircraft transactions of all sizes and levels of complexity.

GANADO’s uncontested depth and industry know-how in all finance related matters means that we are often the first choice for all matters related to security interests over aircraft registered in Malta as well as structuring air-finance deals through various methods including syndicated loans and securitisation.

GANADO’s Aviation Industry Grouping brings lawyers from our dedicated Aviation Team together with leading practice heads from complementary practice areas such as corporate, banking & finance and taxation in order to offer our aviation clients a fully-integrated legal advisory service.

Related Practice Areas

GANADO’s Aviation Team assists financiers, lessors, lessees and operators on all matters related to security interests over aircraft registered in Malta. We can also be of assistance in structuring airfinance deals through various methods including syndicated loans and securitisation. We have assisted a wide range of clients from across the globe and can provide our services around the clock.

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GANADO has been increasingly active in issues related to aircraft registration. Our aviation team assists clients in various legal aspects related to aircraft registration and can also offer assistance in respect of applications for Air Operator Certificates and Operating Licences from the Civil Aviation Directorate in Malta. We also assist our clients in corporate and tax work related to the above.

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GANADO has long recognised the pivotal role that EU and national competition and antitrust law plays in most domestic and cross-border commercial transactions. Our competition and anti-trust law practitioners advise clients and public authorities in all the industry areas serviced by the firm in relation to privatisations, public procurement processes, mergers, acquisitions, joint ventures and major transactions involving issues of dominance, intellectual property rights, State Aid and other competition related matters.

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GANADO has a leading and well-developed corporate practice. It regularly advises a broad portfolio of international corporate clients on commercial and corporate law matters and provides company administration support services.

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GANADO’s Corporate Finance Team has advised on a number of the major corporate transactions in Malta for the benefit of international corporate groups, and is recognised as a leader in this sector.

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The need for effective corporate governance practices and procedures is increasingly featuring on our clients’ agenda – and that of supervisory authorities. GANADO’s Corporate Governance Team was formed in order to address this demand in a focused yet cost-effective manner. We assist corporate clients from different business environments to develop a corporate governance system that meets local requirements. The members of our Corporate Governance Team have the training and experience to assist companies with identifying and satisfying their ongoing corporate responsibilities.

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Corporate insolvency, whether domestic or cross-border, raises numerous issues that need to be thoroughly and efficiently addressed in most transactions, particularly financial services ones. GANADO constantly assists creditors and insolvent companies or traders that experience financial difficulties, in preserving their rights efficiently in accordance with the relevant provisions of law.

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GANADO offers a broad spectrum of corporate and administrative services in conjunction with its corporate law advisory. It does so principally through its affiliated entities, Ganado Trustees & Fiduciaries Limited (licensed by the Malta Financial Services Authority as a fiduciary and trustee) and Ganado Services Limited. They range from registered office, process agent, resident agent and fiduciary shareholder services to company secretarial services and the maintenance of statutory records, such as Registers of Members, Minute Books and the filing of Annual Returns and other statutory forms.

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GANADO regularly advises both multinationals and locals regarding their Maltese data protection obligations ranging from the more mundane registration of processes with the local data protection regulatory authority and drafting of privacy policies for the firm’s client base to advising on complex transactions involving global data transfers and advising on the data protection aspects of large scale data theft, losses and cyber terrorism.

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Recognised by clients and industry commentators as a sector leader in Malta, we apply our market knowledge, experience and insight into applicable regulatory frameworks to help issuers and underwriters, both domestic and international, to originate, distribute and manage investment in debt investments effectively.

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GANADO has pioneered advice in this area since the involvement of the first Maltese counterparties in the market. Representing the industry’s global trade organisation for OTC derivatives, we regularly deliver industry as well as private opinions on master agreements, exchange trading, repos and securities lending arrangements.

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Our Employment & Pensions Team acts for many of the islands’ employers on an array of areas such as the drafting of contracts of employment, employment handbooks, employment policies, share option schemes, pension schemes and other related documents. GANADO also assists clients in relation to dismissals, termination of employment, redundancies (including collective redundancies), matters relative to employee information and consultation, the transfer of undertakings and employee protection, employment discrimination and harassment, industrial disputes and all types of litigation connected with such matters.

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In recent years GANADO has turned its attention to and dedicated resources to the development of this practice area, seeking to keep the pace up with this fast growing field of law. The main focus points within this practice area have been the legislative developments instigated as a result of “climate change” concerns, the regulation of waste, development planning and the protection of the natural environment and sites of national importance.

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GANADO’s Capital Markets team acts for both issuers and underwriters of equity and equity linked products in Malta. It also advises issuers of equities and related instruments issued, offered or traded abroad where this impacted upon by subsidiaries or assets held in Malta. Our local clients include the largest listed companies, leading stockbrokers and underwriting institutions in the country.

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Traditionally, financial markets work in Malta was a very local affair – advising issuers and corporate stockbrokers on share and less frequently debt securities listed on the Malta Stock Exchange. However, this decade has seen a step change in the activity levels, opportunities, complexity and international influences surrounding the trading of financial instruments in or from within Malta.

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Commercial and Contract Law is at the centre of every activity performed by GANADO’s lawyers. Apart from the various aspects dealt with in the specific practice areas, the firm assists traders, corporate entities and private individuals alike in the more generic and non-sector specific aspects of commercial and contract law.

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GANADO has significant experience in advising shippers, freight forwarders, carriers and consignees on matters relating to the international transport of goods, whether by sea, road or air. Malta being an island, this industry is deemed to be central to the economic activity and competitiveness of the country.

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GANADO has an extensive and well respected Court practice, concentrated mainly around commercial and maritime litigation.

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GANADO is regularly involved in a number of M&A transactions, both local and international. It advises on corporate restructurings and drafts up or reviews the documents needed. It has extensive experience in the conduct of legal due diligence and provides up-to-date advice and assistance on all aspects of law relevant to each particular M&A transaction.

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GANADO’s commitment to large project and privatisation work is consistent with the increased resources it has mustered over the years, not only in terms of numbers but more importantly experience and legal skills.

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GANADO lawyers have assisted bidders and procuring entities in major public procurement exercises involving the procurement of goods, services and supplies ever since the transposition of the EU public procurement acquis into Maltese Law, developing one of the most focused practices in Malta in this area.

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GANADO is regularly involved in the redomiciliation or continuation of companies into and out of Malta and has developed a strong practice in this field. Over the past several years, we have collaborated closely with many lawyers and corporate service providers worldwide to ensure that the company continuation process allows companies to transition their operations effectively and uninterruptedly into their new jurisdiction of choice.

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The importance of well documented facility agreements and creditor-friendly collateral documentation has grown considerably over the past years. Within a very competitive market, banks and financial institutions are continuously trying to protect and insulate themselves from credit risk. In this environment, GANADO strives to achieve the highest possible levels of legal certainty for its clients.

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GANADO Advocates was instrumental to the introduction of modern structured finance techniques to Malta, with a hand in drafting both the Securitisation Act and a great deal of supporting legislation. Bringing a wealth of knowledge and experience from overseas, GANADO lawyers advised on the establishment of the first two Maltese securitisation vehicles established here under the Act, issuing legal opinions to rating agency / Rule 10b 5 standard.

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GANADO provides Maltese tax advice to a variety of international corporate entities out of which a good number are listed on international stock exchanges. These include financial institutions, insurers, investment funds, fund managers, pension funds, private equity groups and shipping entities. We also advise private clients from across the globe on a range of tax matters.

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GANADO’s Corporate team registers marks on a regular basis in the national trademark register for a variety of business organisations, especially in the international pharmaceutical and food industries. We provide guidance on the documents and formalities required for the registration and assignment of trademarks as well as a long-term trademark renewal service.

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