Banking & Financial Institutions
GANADO lawyers have been the trusted advisors to major international banking groups and other financial institutions on all matters of Maltese law for over half a century. We have not rested on our laurels –our Banking & Financial Institutions Group continues to be at the cutting edge of Maltese legal and regulatory developments.
Banks and other financial institutions are bearing the brunt of unprecedented global and European Union legislative and regulatory development, and it is becoming increasingly difficult for such institutions to manage legal and regulatory risk. Malta is home to an ever growing number of foreign and local banks and financial institutions. In addition, as Malta’s financial services sector develops further, a larger number of international banking and financial institutions are coming across Malta in transactional and regulatory work. This necessitates obtaining focused legal advice of how Maltese laws and regulations might impact such international business.
GANADO has long-standing experience in banking and financial law matters and in advising local and international banks and financial institutions, offering a specialised and solution-based approach to clients’ needs.
This firm remains at the forefront of financial services law. With one of the largest teams in the market, it can handle the full spectrum of work and attracts leading local and international financial institutions as clients.”Chambers Global, 2012.
We are also responsible for issuing a number of industry legal opinions to various international organisations, notably the International Swaps and Derivatives Association, Inc. (ISDA) and the International Capital Market Association (ICMA). GANADO has also leveraged its long-standing experience in banking law and regulatory matters to target the burgeoning e-money and payment services sectors and we continue to focus on these new areas with particular interest.
Our Banking & Financial Institutions Group includes a dedicated team of specialised and experienced banking and financial law lawyers who are capable of servicing the myriad and complex needs of today’s institutions. Recognising the need to offer our clients a multi-disciplinary yet integrated service, our Banking & Financial Institutions Group also encompasses leading lawyers from complementary practice areas such as corporate, capital markets, asset management, employment and taxation together offering clients a comprehensive yet efficient 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.View Practice
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.View Practice
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.View Practice
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.View Practice
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.View Practice
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.View Practice
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.View Practice
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.View Practice
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.View Practice
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.View Practice
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.View Practice
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.View Practice
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.View Practice
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.View Practice
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.View Practice
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.View Practice
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.View Practice
GANADO’s leading Investment Services & Funds Team has extensive experience in advising investment funds of all types at all stages of their life-cycle.View Practice
GANADO’s has an unequaled reputation in the Maltese legal market for advice in relation to investment services regulation.View Practice
GANADO has an extensive and well respected Court practice, concentrated mainly around commercial and maritime litigation.View Practice
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.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 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.View Practice
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.View Practice
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.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
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.View Practice