Banking and Finance
In 1994 Malta has been transformed into an onshore jurisdiction. Following its accession into the EU in 2004, it transposed a number of EU laws relating to Banks, Investment firms, Insurance undertakings and IUCITS, providing a comprehensive legal framework for a solid financial services sector. Nonetheless, the Banking Act (Chapter 371 of the Laws of Malta) is the main legislative instrument catering for the regulation and supervision of banks in Malta. Apart from the regulation of credit institutions, this Act is also accompanied by a variety of legal notices regulating specific aspects of banking transactions. The Civil Code and the Commercial Code further supplement this by regulating transactions such as loans, pledges, deposits, payments, setting-off and hypothecs, amongst others. The Malta Financial Services Authority Act (Chapter 330 of the Laws of Malta) and the Investment Services Act (Chapter 370 of the Laws of Malta) also set out the groundwork for the setting up of an efficient and accessible single regulator for financial services and the provision of investment services respectively.
Malta’s favourable tax regime available in the ambit of the Double Tax Treaty network, together with the relatively low costs for set-up, renders Malta an ideal jurisdiction for the licensing of operations for both local and international banking services.
Mifsud & Mifsud Advocates advises one of Malta’s major banks and has also been engaged by international banks in transactions concerning the Maltese jurisdiction.
The firm offers the following services in relation to Banking and Finance:
  • Investment services; 
  • Collective investment schemes; 
  • Banking services including advice related to loans, mortgages, online banking transactions and e-commerce; 
  • Banking licensing and compliance issues; 
  • Credit, e-money and financial institutions; 
  • Financial markets; 
  • The business of insurance; 
  • Fiscal incentives and international taxation; 
  • Prevention of money laundering and funding of terrorism; and 
  • Exchange control and payment services.
Malcolm qualified as a lawyer in 1995 and was engaged as an associate in one of Malta’s largest law firms. He branched out on his own in 1998 and participated in partnerships that developed into to Mifsud & Mifsud Advocates, which he co-founded with his brother Cedric in 2007. Malcolm has a vast experience in Civil and Commercial litigation and as a result has advised on a large range of legal issues to individuals, corporate structures and public institutions, whether in Malta or abroad.
Cedric Mifsud graduated as lawyer from the University of Malta in 2003 and was subsequently admitted to the bar in Malta. He later specialised in European Law particularly focus on Competition law. Upon qualifying he joined a leading firm in Malta as a litigation lawyer. In 2007 together with his brother, Malcolm, he co-founded Mifsud & Mifsud Advocates. Cedric set up the Corporate and Commercial Department of the firm making the firm one of the leading business law firms in Malta. Part of the Corporate and Commercial Department includes the Maritime Practice which has a considerable portfolio of Superyachts and Commercial Vessels.
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