Chetcuti Cauchi Advocates

Delving into the dynamic relationship between Environmental, Social, and Governance (ESG) principles and Intellectual Property law.

Influencer marketing has evolved into a pillar of the digital economy, having a worldwide valuation of over €21.1 billion.

When a person inherits property in Malta, a procedure needs to be undertaken for such person to have the property officially listed under his name.

The Income Tax Rules applicable to the Nomad permit holders in Malta prescribe a tax exemption for one year starting from the date of issue of the residence card.

This article shall be delving into the guidelines issued by the European Union Intellectual Property Office (the ‘EUIPO’) on the classification of NFTs, virtual goods and services.

There is a widespread discussion surrounding ChatGPT, an advanced generative artificial intelligence (AI) language model.

Maltese citizens who emigrated and acquired Canadian citizenship voluntarily, lost their Maltese citizenship once acquiring such citizenship.

 In 2023 year, the field of direct tax law saw substantial updates, encompassing a range of changes and advancements on both domestic and international fronts.

A new directive targeting third-country nationals to invest in a new or existing start-up shall be implemented in the coming months as announced by Malta’s Finance Minister Clyde Caruana. The new Malta Start-Up Residence Programme will be operated by the Residency Malta Agency and the government agency Malta Enterprise.

In the digital age, characterised by the growth of cloud computing and remote access, the importance of protecting personal data has gained new significance. Privacy has become one of the pivotal issues in our time, which does not only affect legislators or technology innovators, but has become relevant to every household, who has internet access or has welcomed smart gadgets home1. 

The Malta Highly Qualified Persons Rules builds on the success of Malta’s reputation in attracting highly professional expatriates seeking an alternative residence base in a warm Mediterranean Island in the European Union.

EUIPO Executive Director Christian Archambeau has shed light on the record filing numbers for EU Trademark registrations experienced in the first months of 2021. Archambeau has stated that: 

The Malta Nomad Residence Permit (NRP) is a residence permit which can be issued to non-EU nationals only. The NRP is open to individuals who can work remotely in Malta using telecommunications technology. This permit enables its holders the right to retain their current employment based in another country whilst legally residing in Malta. 

Mergers & Acquisitions - Malta Law In the last few decades, the importance of mergers and acquisitions as a tool for business has arisen drastically. In a fluctuating, competitive corporate world, it is vital for businesses and corporate structures to remain dynamic while always looking towards strategically employing corporate law tools to expand, improve and maximise corporate structures.  This is also a fact within the Malta law and business sphere. 

The Parliamentary Secretary for Citizenship and Communities has announced the launch of a new residence programme for non-EU nationals. The programme which will be administered by Residency Malta Agency will be known as the Nomad Residence Permit (NRP). The Malta NRP is aimed at individuals who want to move to Malta whilst working remotely.  Announcing the NRP, the Parliamentary Secretary for Citizenship, Alex Muscat held that this could be a profitable economic niche for Malta. This programme enables beneficiaries the right to retain their current employment based in another country whilst legally residing in Malta. The permit is thus open to individuals who can work remotely using telecommunication technologies. 

An act regulating the legal profession in Malta has entered into force on the 20th April 2021.  The aim of the act was to address inefficiencies identified by Moneyval and to create further safeguards for the legal profession in terms of money-laundering risks.

While larger enterprises often steal the limelight, small and medium-sized enterprises (SMEs), very often being family businesses, make up the very backbone of most economies, with SMEs constituting the vast majority of companies within the EU. In Malta, 99.9% of Maltese companies are classified as SMEs, with 4.8% classified as small to medium enterprises and 95.1% classified as micro organisations.

The yachting industry sails across a dynamic regulatory environment, increasingly leading to more paperwork, administration, checks and procedures.  In this context, and considering that yachts are generally a leisure escape, yacht owners are constantly looking for straight forward solutions that allow them to sail their yachts worry-free. 

By virtue of Legal Notice 96 of 2021, the Malta Company Service Providers (Amendment) Act 2020 (“the Act” or “the Amendments”) came into force on 16 March 2021. This Act also brought with it an overhauled Corporate Services Provider (“CSP”) Rulebook (“Rulebook”). Previously exempt, Malta CSPs must apply for their licences under the impending deadline of 16 May 2021. CSPs who were already listed with the Malta Financial Services Authority (“MFSA” or “the Authority”) prior to this reform need also ensure full compliance with the new amended rules with a deadline expiring on 16 September 2021. Both groups of CSPs must look intensively at their new obligations under the new Rulebook. 

The Malta Company Service Providers (Amendment) Act 2020 (“the Act” or “the Amendments”) came into force on 16 March 2021 through Legal Notice 96 of 2021. This reformed Act also brought with it an overhauled Corporate Services Provider (“CSP”) Rulebook (“Rulebook”). Previously exempt, Malta CSPs must apply for their licences under the impending deadline of 16 May 2021. CSPs who were already listed with the Malta Financial Services Authority (“MFSA” or “the Authority”) prior to this reform need also ensure full compliance with the new amended rules with a deadline expiring on 16 September 2021. Both groups of CSPs must look intensively at their new obligations under the new Rulebook. 

Addressing the press conference with the major local Unions, in the run up of the National Workers Day, Prime Minister Robert Abela together with Energy and Enterprise Minister Miriam Dalli states that the government will continue helping businesses grow in such troubling times and pivot in light of the new realities.  

The EU Commission has revealed its latest legislative framework with regard to the regulation of AI. With the aim of creating a global standard, the EU Commission has adopted a risk-based approach to regulating this vast and ever-growing computer science. The legislative framework creates a four tier risk system which can be updated with the emergence of new technologies. 

A Significant Day for WIPO Back in the year 2000, the member states of the World Intellectual Property Office (WIPO) designated the 26th of April to be marked as World Intellectual Property Day.

The end of 2020 saw the end of the Brexit transition period wherein the ties connecting the UK and the Lugano Convention 2007, which deals with jurisdiction issues and judgements’ enforceability between its signatories, were cut. On the 8th of April 2020, an attempt on the part of the UK was made to re-join such convention as an impartial contracting state; however, clarity as to whether the EU has approved has yet to be established. 

Recently, a proposal was made by the Malta Maritime Forum (MMF), following Justice Joseph Zammit McKeon’s suggestion, for the Law Courts’ commercial section to be expanded in order to cater for maritime court cases specifically. He stated that this should be done by allotting more judges and by having a specialised court to deal solely with such cases, an example of which is the transportation of goods. 

On the 9th of April 2021, Act XV of 2021 came into force with the aim to amend The Prevention of Money Laundering Act (PMLA) being Chapter 373 of the Laws of Malta. The aim of such amendments is for Maltese legislation to comply further with European Union law.

Swift technological advancements, rapid communication, social media and the internet in general have all contributed to the transformation of the manner in which artistic, literary works and other creative arts are created, produced, distributed and exploited. New business models and novel protagonists continue to appear. 

With the ever-growing influence that technology has on our lives, and the radical increase in screen time, the use of brand identifiers and marks has become more vital than ever. The growing competition between established enterprises and start-ups alike for a couple of minutes of consumer attention has continued to grow. The number of EUIPO trademarks continues to rise, with over 11 million registered trademarks to date. It is, therefore, now more important than ever, for individuals and entities to register their marks. 

After years of intensive negotiations and wrangling, the European Union and United Kingdom have finally reached an agreement entitled the “EU-UK Trade and Cooperation Agreement” (the “Brexit Agreement” or “Agreement"). Such Agreement sets forth the terms on which the EU and the UK will carry out trade relations between them post-December 2020. 

Talking of cryptocurrencies as an opportunity for the Maltese banking sector might sound outlandish, in the context of a highly-regulated banking industry in Malta.

It seems like cryptocurrencies and blockchain technology are all anyone can talk about. Regulators have realised that disruptive technologies hold vast potential, but few have taken up the initiative to create a regulatory framework within which FinTech businesses can operate. Countries are classifying cryptocurrencies as assets, commodities and even as currencies – there is no one view that prevails. This article will explore how jurisdictions at the forefront of DLT regulation are moving forward in this race among regulators.

Talking of cryptocurrencies as an opportunity for the Maltese banking sector might sound outlandish, in the context of a highly-regulated banking industry in Malta. However if one follows the rapid developments in cryptocurrencies across the globe, it is clearly inevitable that many industries, including traditional banks, will have to adapt to this highly innovative evolution that is fast permeating many economic sectors.

Blockchain Technology presents a number of opportunities for various businesses, including insurance companies. There are various possibilities which Maltese insurance companies could explore, as we shall highlight below.

Following the US subprime crisis that began in 2007, the notion of securitisation has suffered from bad press that tainted its reputation. However, securitisation is still considered as an essential component to continued economic recovery and for well-functioning financial markets.

Recent developments in the market of Crowdfunding in Malta The importance and feasibility of crowdfunding platforms is increasing in stature and importance for current and future the entrepreneurs.

Chetcuti Cauchi Advocates released a new report entitled ‘The Dual Citizenship Report’ which explores the treatment and legal status of dual citizenship in European Countries. To commemorate the launch of the report, the partners invited Hon. Prime Minister Joseph Muscat on the 27th September 2017, who signed the first physical copy of the report.

In May 2017, the European Central Bank ("ECB") published a list of guidelines which gave a compressive overview of the practices and procedures applied by it when assessing the suitability of members of the management bodies of Significant Institutions ("SIs") as well as trying to harmonize national rules of all Member States in relation to the fit and proper assessment. 

Malta has hit headlines for its record economic performance during the last decade and has grown into a booming financial centre in the Euro-Mediterranean region.  Sunseeker interviews prominent Maltese lawyer Dr Jean-Philippe Chetcuti, managing partner of Chetcuti Cauchi Advocates, on the reasons for Malta's attractiveness to affluent international families.

Malta has long gained a reputation for a high standard of living with a Mediterranean flair. With the introduction of various programmes related to the attainment of citizenship or residency, many foreign investors have eyed the island as an ideal European solution for immigration purposes with vast potential for stable investment in real estate. In this article Dr Maria Chetcuti Cauchi presents an analysis of the real estate market and laws through 2015 and 2016, with a view of giving an exposition of the process for property acquisition and resale.

Since the advent of the Alternative Investment Fund Managers Directive (‘AIFMD’), fund managers have been facing a double regulatory burden as a result of having both fund managers and funds subject to prudential regulation which led to overlapping and possibly inconsistent regulatory requirements affecting funds.

The yachting industry sails across a dynamic regulatory environment, increasingly leading to more paperwork, administration, checks and procedures.  In this context, and considering that yachts are generally a leisure escape, yacht owners are constantly looking for straight forward solutions that allow them to sail their yachts worry-free.  Malta has been at the forefront in providing such solutions and finding a balance between what are usually deemed two opposing needs: those of proper regulation and application of procedures on the one hand, and enjoyment of the yacht without unnecessary and unwarranted restrictions, on the other.   

While larger enterprises often steal the limelight, small and medium-sized enterprises (SMEs), very often being family businesses, make up the very backbone of most economies, with SMEs constituting the vast majority of companies within the EU. In Malta, 99.9% of Maltese companies are classified as SMEs, with 4.8% classified as small to medium enterprises and 95.1% classified as micro organisations.