Practices

Please select from the links below for further information on our practice areas.

GANADO’s legacy as a leader in the Maritime and Shipping legal fields is reflected in the active involvement the law firm has increasingly had over the years in relation to ship arrests and enforcement procedures in the shipping industry. GANADO has assisted claimants (in particular mortgagees) in enforcing their rights through the arrest, judicial sales by auction, court approved private sales of vessels and the filing of injunctions over vessels in the Shipping Registry, as well as ship owners in arrest proceedings, ship releases and counter-security measures.

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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’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 long-standing experience in banking law and regulatory matters and in advising local and international banks and financial institutions, offering a specialised and solution-based approach to clients’ needs.

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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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Given its extensive experience in the financial services regulatory industry GANADO is well placed to assist clients wishing to obtain a license from the Malta Financial Services Authority (MFSA) to act as an e-money institution or a payment services institution. Once licensed and operational, GANADO is also well-equipped to assist clients in all aspects of their day to day needs including employment, outsourcing, consumer legislation and AML compliance obligations.

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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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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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Working closely with our clients, GANADO has always valued the relevance of providing general corporate support to our insurance and reinsurance clients. GANADO has established a strong core team of corporate service providers specialised in company insurance law and regulation to flank our clients in their routine day-to-day needs. This core team provides company secretarial services, board meeting support, minute taking, statutory filing, regulatory filing and other related corporate governance matters. This core team works closely with the rest of the GANADO Insurance & Reinsurance Team on other legal and regulatory matters in order to ensure a seamless service is provided to our clients.

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The central focus of GANADO’s Insurance & Reinsurance Team is undoubtedly its regulatory practice. As specialist insurance regulatory lawyers, the team focuses on licence applications for insurance and reinsurance companies, insurance intermediaries and other related parties and provides on-going regulatory and compliance support. We seek to ensure that our clients are serviced in all regulatory respects in a very timely and appropriate manner having full knowledge of the importance of compliance at all times by our clients.

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With an ever-growing client base in the IP and TMT sectors, GANADO has consolidated this legal practice which, over the years, has developed throughout the firm. Having a core team focusing on the developments in the IP, ITC, Media, Telecoms and Entertainment, including Gaming, industries, GANADO has taken the incentive to service these industries in the most pro-active manner possible.

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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’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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The Malta Individual Investor Programme is the first of its kind to have had its validity officially recognised by the European Commission.

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We have for several years now advised in respect of a broad range of issues relating to Pharmaceuticals including the regulation and importation of medical devices and pharmaceuticals.

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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’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 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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With Malta currently boasting the largest flag in Europe in terms of tonnage, the need for banks to have Maltese registered security is a daily occurrence. International ship finance is one of GANADO’s major strengths and the firm assists numerous ship financing banks and institutions throughout the world in registering and perfecting the registration of mortgages and security interests over Maltese-registered vessels.

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From its earliest days, GANADO has been one of the protagonists in local legal practice and has contributed specifically to Malta’s internationally recognised reputation as a centre for maritime law. GANADO is at the forefront of the local ship registration practice area having also been involved in the re-drafting of much of the legislation in this field of law. We are able to handle all specialised legal, technical and administrative aspects of the ship registration process.

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Safety-at-sea, clean seas and adherence to international conventions and standards particularly those set out by the EU and the IMO are a priority for Malta. The industry is, therefore, comprehensively regulated and compliance issues need to be continuously monitored and addressed in good time. The members of GANADO’s Ship Registration Team are, in this sense, technically oriented ensuring that clients find the required support to ongoing flag or port state issues that invariably arise during a vessel’s trading life.

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GANADO’s shipping practice also extends to advice and assistance to shipping clients on typical transaction documents concerning the sale or acquisition of ships and charter parties.

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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 has been at the centre of the development of the telecoms market, assisting and advising the Maltese regulator on various legal aspects, mainly in litigation related 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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GANADO has a team of professional advisors with a range of expertise and experience to advice and assist yacht owners and their financiers with all transactions involving yachts and superyachts including registration and leasing.

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