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Fiduciary Services in Malta

Fiduciary Services in Malta

Fiduciary services in Malta encompass a wide range of financial and legal responsibilities. Our lawyers in Malta can help you if you are looking for these types of services. These include: establishing a trust, managing assets, or ensuring compliance with local regulations. Additional fiduciary services our team can assist with involve nominee shareholder or secretary services. 

Trustee services in Malta      

Among the most popular fiduciary services in Malta are the trustee services. Most foreign individuals appeal to the fiduciary services provided by professionals due to the high degree of confidentiality they provide. Also, in order to provide trustee services, an individual or company must be licensed by the Malta Financial Services Authority (MFSA), which increases the confidence of customers. The Maltese Trusts Act also provides an advantageous regulatory framework for foreign citizens setting up trusts in the country. Maltese trusts may own different types of assets, among which: real estate, yachts and aircrafts, shares in companies or money.

Our Maltese lawyers possess the expertise and knowledge to ensure that trusts are established and managed in compliance with Maltese laws. We can provide assistance in: drafting trust documents, structuring trusts to meet specific objectives, and advising on the legal aspects of asset management within a trust. Additionally, our lawyers can offer fiduciary services in Malta for trusts related to taxes, helping clients optimize their financial arrangements. Our services can help investors keep their money safe and reach their financial goals in Malta.

Fiduciary services for companies in Malta

Foreign enterprisers setting up companies in Malta are required to appoint a director and a secretary. Certain types of companies are required to have at least one shareholder. Our Maltese law firm provides full fiduciary services for any type of company.

The Maltese Commercial Law requires all types of companies to disclose certain information about the shareholders, the directors and the secretary. In order to protect the shareholders’ identity, most foreign investors appeal to the services of a nominee shareholder. Nominee directors are also employed in Malta. The fiduciary services provided by nominee shareholders or directors means they will provide all the required information with the Maltese Commercial Register. The appointment of nominee shareholders or directors is done by signing a declaration of trust.

Using a fiduciary shareholder as part of our fiduciary services in Malta offers administrative benefits. It allows service providers to establish a company on behalf of a client without the need for the client’s signature or physical presence. This eliminates delays associated with waiting for documents to be emitted. Additionally, the fiduciary shareholder can attend or conduct Annual General Meetings and execute other actions based on the client’s verbal or email instructions.

Our attorneys in Malta can draft the necessary legal documents and contracts required for appointing a fiduciary shareholder. We ensure that these documents are legally sound and protect your interests. The agreements will clearly outline the roles, responsibilities, and instructions for the fiduciary shareholder.

Fiduciary duties

Fiduciary duties in Malta are a set of legal obligations that fiduciaries owe when they are entrusted with responsibilities related to assets, property, or financial interests. The fiduciary duties in Malta typically include the following key obligations:

  • Utmost good faith: Fiduciaries are required to act with the highest level of honesty, integrity, and good faith when performing their duties. This means they must prioritize the interests of their clients or beneficiaries over their own. Our lawyers in Malta can also advise fiduciaries on their legal obligations and responsibilities. This will help them understand and comply with the fiduciary duties imposed by Maltese law;
  • DiligenceFiduciaries are expected to exercise a reasonable level of care, skill, and diligence when carrying out their responsibilities;
  • Conflict of interests: Fiduciaries must avoid situations where their personal interests or other obligations conflict with their fiduciary duties. They are obligated to act impartially and prioritize the interests of those they serve. In cases of disputes or conflicts related to fiduciary duties, our law firm in Malta provides legal representation, mediation, or arbitration services;
  • Impartiality: When fiduciary duties are owed to multiple parties, the fiduciary must act fairly, and impartially.

Our lawyers’ involvement helps fiduciaries meet their legal obligations and act in accordance with the legal standards.

Statistics related to fiduciary services in Malta

Some economic and financial statistics can be beneficial when deciding on choosing fiduciary services in Malta. These include: GDP contribution, revenue, tax revenue, employment impact, balance of payments, or investment flows. Here are a few of these statistics:

  • Malta’s GDP was evaluated at 17.77 billion US dollars in 2022;
  • Malta’s economy grew by 3.9% in the second quarter of 2023;
  • Exports also increased by 2.5% in the second quarter of 2023;
  • In the second quarter of 2023, Malta received a substantial amount of foreign direct investment, totaling 2,421.30 million euros.

For information about all the available fiduciary services, please contact our attorneys in Malta. You can also seek our assistance if you are looking for related matters, such as purchasing a property in Malta.