Investment Services & Funds

As one of the first local law firms to recognise the growth potential of the investment services, funds and fund servicing sector in Malta post-EU membership, GANADO presciently dedicated significant resources to this practice area and continues to invest in same. Our foresight has paid off significantly with GANADO’s Investment Service & Funds Team being the undisputed market leader in Malta for this specialised practice area.

GANADO’s Investment Service & Funds Team regularly advises established and start-up market operators alike (primarily fund promoters, fund managers, investment firms and fund custodians) on all aspects of Maltese and European Union law and regulation in this sphere and, together with GANADO’s other practice teams, aim to provide an integrated one-stop-shop solution for clients in the sector.

Our Investment Services & Funds Team assists clients with:

  • corporate and fund structuring;
  • drafting of offering documentation;
  • set-up and authorisation by the Malta Financial Services Authority (MFSA);
  • ongoing regulatory compliance and advice;
  • passporting in or out of Malta under the relevant directives (MiFID, UCITS and under AIFMD);
  • as well as transactional work including drafting and negotiation of documentation.

GANADO’s Investment Services & Funds Team work together with leading lawyers in other practice areas to offer its investment services and fund clients integrated full life-cycle assistance including stock exchange listing, taxation, employment and dispute resolution.

Related Practice Areas

GANADO’s Investment Services & Funds Team has developed a stellar reputation in Malta for advising investment fund managers ranging from the major fund management names to boutique or start-up operations.

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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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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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GANADO’s Investment Service & Funds Team has assisted the majority of fund custodians authorised in Malta to obtain their Category 4 licence (Custodian for Collective Investment Schemes) in terms of the Investment Services Act (Cap. 370, Laws of Malta) and drafted their operational manuals and template documentation. The team also has extensive experience in advising on global custody and settlement related issues as well as drafting and negotiating custody and sub-custody agreements on both sides of the negotiation table.

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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’s leading Investment Services & Funds Team has extensive experience in advising investment funds of all types at all stages of their life-cycle.

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GANADO’s has an unequaled reputation in the Maltese legal market for advice in relation to investment services regulation.

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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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As one of the pioneers of the private pensions industry in Malta, GANADO has reaped the benefits of its foresight and occupies the enviable position of leader in this fast growing sector.

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GANADO provides advice on the regulatory aspects of anti-money laundering and counter terrorist financing legislation and regulations.

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GANADO assists its clients with all matters relating to commercial or private real estate deals, whether relating to the acquisition of property of all sizes, the leasing of offices or the structuring and setting up of a real estate property fund authorised by the Malta Financial Service Authority. Ancillary services include litigation relating to immovable property, and the payment and redemption of ground rents.

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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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GANADO has led the project team that was entrusted with the Trust Law Reform project (which culminated in the extensive 2004 amendments to the Maltese law on trusts, and other related legislation), and with the enactment of the 2007 provisions on foundations and other legal organisations. The Trusts and Foundations practice is regularly involved in structuring, and providing general legal advice on, trusts and foundations in Malta, and is also responsible for ongoing assistance to various Maltese based (local and international) trustees.

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