Trusts & Foundations

GANADO led the project team that was entrusted with the Trust Law Reform project (which culminated in the re-enactment of the Trusts and Trustees Act (Cap. 331, Laws of Malta), and other related legislation), and with the enactment of the 2007 provisions on foundations and other legal organisations. GANADO’s Trusts & 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.

Maltese legislation provides for a wide variety of trusts and foundations that may be used for different purposes. The team at GANADO has regularly assisted with the setting up of a variety of types of trusts and foundations governed by Maltese law, including employee benefit trusts (EBTs), purpose foundations in the context of securitisation transactions, employee share option schemes, and various private trusts and foundations for estate planning and other private purposes. The team has also extended its competence into a broader range of ancillary areas such as estate planning and succession.

The work in this area also includes assisting both corporate as well as individual trustees with substantive trust law requirements as well as with various regulatory matters. GANADO has been involved in assisting the majority of international players with obtaining authorisations from the Malta Financial Services Authority (MFSA) for the provision of fiduciary services in Malta, and providing ongoing guidance to trustees, administrators of foundations and other fiduciaries on regulatory aspects of their fiduciary activities.

GANADO lawyers have also been appointed court legal experts on matters of trust law in domestic proceedings involving trusts, and are also regularly consulted members of the legal profession when specialist assistance is required. We also assist clients by representing them before the Courts of Malta in proceedings concerning trusts (and foundations).

The team at GANADO particularly recognises and appreciates the need to work towards the requirements of foreign (and local) clients, and the great sensitivity that is expected with regard to work carried out within this specialised practice area. We have the capacity to respond to requirements and provide our advice in a timely and efficient manner, with a strong commitment towards finding the proper practical and tailor-made solution, depending on the particular circumstances of each case.

Related Practice Areas

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

View Practice

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.

View Practice

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

View Practice

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.

View Practice

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.

View Practice

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.

View Practice