MALCOLM MIFSUD
Partner
T: (+356) 27237172
E: mmifsud@mifsudadvocates.com.mt
Languages: Maltese, English, Italian
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.
 
When he acted as Advocate for Legal Aid, he assisted clients in criminal trial by juries and considered to be one of the lawyers who has the widest experience in criminal trials.
 
Malcolm had been elected Mayor five times from 1994 to 2013 and once President of the Central Region in 2009. From when Malta joined the EU to 2013, Malcolm was a member of the Committee of Regions in Brussels and participated in a number of EU committees on a variety of subjects.
 
Malcolm is responsible for and regularly advises in civil, corporate and commercial law and in the litigation. He is the Firm’s accredited agent at Identity Malta and advises and represents client in the various immigration schemes that exist. He is a point of reference to a number of local government entities. He advises a number of major companies in Malta and sits of the board of directors of Maltese companies.
 
He is a shareholder and director of Aegis Corporate Services Limited, a corporate service provider, licenced by the Malta Financial Services Authority.
 
Malcolm sits on the School Board of San Anton School.





Professional Memberships
  • Chamber of Advocates 
  • World Link for Law 
Publications
  • Malcolm Mifsud contributes to Global Legal Group – Litigation & Dispute Resolution 2010 Edition 
  • Malcolm Mifsud contributes to Global Legal Group – Litigation & Dispute Resolution 2011 Edition 
  • Malcolm Mifsud contributes to Limitation in International Commercial claims – Thomson Reuters, 2016 
  • Malcolm Mifsud contributes to The Corporate Immigration Review – Law Business Research, 4th Editor 
  • Malcolm Mifsud contributes to The Corporate Immigration Review – Law Business Research, 5th Editor 
  • Malcolm Mifsud contributes to The Corporate Immigration Review – Law Business Research, 6th Editor Weekly analysis of judgements on the Malta Today
AREAS OF SPECIALISATION
Banking and Finance
A company’s credit management is one of the essential elements of a successful commercial activity. It is therefore crucial for creditors to obtain the right advice at the right time in order to protect debts due to them. The number of court cases dealing with debt collection has diminished drastically over the years as the use of judicial letters proved to be incredibly useful in the saving of both time and money. In fact, when the debt is decisive and clear, the creditor may make claims for amounts not exceeding €23,300 as per Article 166A of the Code of Organisation and Civil Procedure. Otherwise, Article 253 allows judicial letters to be filed for unlimited outstanding debts. Court cases before the Superior Courts may be instituted where the amounts due vary and are not liquidated.
Malta’s unique hybrid system is the product of numerous influences coming in from different legal systems throughout the years. In our judicial system we thus witness civil law and common law practices working together with the recent EU laws introduced upon Malta’s accession in 2004.
Despite Europe’s recent financial crisis, Malta retained its reputation as a financial hub as it proves to be a favorable jurisdiction for those seeking fund and asset management. The numerous licenses granted by the MFSA for collective investment schemes are processed expediently and provided at low rate servicing costs. Malta’s advantageous corporate tax regimes and schemes encourage employment, further attracting clients worldwide. In order to take its financial market a step further, Malta also seeks to attract Middle Eastern investors through the establishment of Sharia-compliant funds and operators.
Malta with its stable political atmosphere and well-regulated environment has become a leading remote gaming jurisdiction. As the first country within the European Union regulating iGaming, one notes the legislator’s focus on creating a regulated, transparent and efficient mechanism for the industry. This, together with several other advantages Malta has to offer, has put the Island in a predominant position. It is estimated that Malta hosts around 10% of the world’s online gaming companies. Malta offers very attractive fiscal regimes, whereby gaming taxes differ according to the type of license acquired. This means that investors may avail themselves of tax advantages relative to Maltese companies.
A small Island in the middle of the Mediterranean Sea, boasting a year round warm climate, scenic views and a kind-hearted friendly nation makes Malta an attractive place for any tourist to visit. It is however also becoming an increasingly popular choice for residency, given the various opportunities, schemes and tax benefits Malta has to offer to both EU and non-EU citizens.
The legal team at Mifsud & Mifsud Advocates has considerable knowledge of the local public procurement laws and regulations namely the Public Contracts Regulations.
Tax
One of the main attractions of the Maltese jurisdiction is its ability to offer favourable tax structures for corporate clients especially in light of the numerous Double Taxation agreements it has secured with a number of countries. Mifsud & Mifsud Advocates assists both local and international clients in achieving the optimal tax structure, which will benefit their company. Its vast experience in this field enables it to offer this service in partnership with AEGIS Corporate Services Limited, the corporate services arm of the firm.
The wide variety of trusts and foundations available in Malta are mainly regulated by the Trusts and Trustees Act (Chapter 331 of the Laws of Malta). A trust is an obligation, binding a person or persons (called the ‘trustees’) to deal with property over which they have control (called ‘the trust property’) for the benefit of persons (called the beneficiaries) or for a charitable purpose in accordance with the terms of the trust.
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