Projects & Privatisations

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.

Malta was a relatively late convert to privatisation programmes, yet, a good number of public entities were successfully privatised from the late 90’s to date. They included major industrial operations, such as the Malta Drydocks, several enterprises in the manufacturing sector and general Government services. While privatisations have principally taken the form of asset sales or share allotments, some were management concessions or long term property grants.

Privatisations constitute choice projects for law firms in Malta, in which GANADO participated extensively and from the very start, acting as legal counsel for Government’s Privatisation Unit in some cases and for private investors in others. We advised HSBC in its acquisition of Mid-Med Bank and assisted with the privatisation of Maltacom, Enemalta’s Petroleum Division, MOBC, Malta International Airport, and more recently, two large yacht marinas, to name but a few. While privatisations are much less relevant as sources of new work today than they were a decade ago, residual sectors of Government ownership still hold out.

Our early exposure to privatisation work enhanced our expertise and preparedness for large project work generally. Drawing on these reserves of knowledge and experience, we have acted in relation to several start-ups (such as the establishment of local pharmaceutical production facilities) and touristic projects. More recently, we assisted with several large projects for Enemalta Corporation (the country’s single electricity generator, distributor and supplier), one of which involved us in some aspects of the financing of the Malta-Sicily interconnector project and another, much more extensively, in the asset restructuring (principally, the sale and leaseback of properties used for the generation and distribution of electrical power through the use of an SPV) and the financial reprogramming of a portion of the Corporation’s debt portfolio.

Related Practice Areas

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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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 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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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 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 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 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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