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.
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