GTG Advocates

The firm: Since its founding in 1997, GTG has been at the forefront of Malta’s legal profession, blending together established private practices into a centre of expertise and excellence. Based in Malta’s capital city of Valletta, our ever-growing team of industry specialists is internationally ranked and recognised as a leader across multiple fields, offering a multi-disciplinary approach to service the requirements of our local and international clients.

Always faithful to our core values, we pride ourselves in constant evolution, embracing growth and innovation to best serve our vast client base, while remaining rooted in our tradition of service and tailor-made solutions.

Our vision and dedication are the hallmark of our practice, putting your success at the centre of it all.

Areas of practice
Fintech: An industry leader in international financial services in the Euro-Med region, Malta is the first jurisdiction to expand its comprehensive, flexible regulation to the Fintech sector with the introduction of three legal bills regulating distributed ledger technology (DLT) platforms, the application of blockchain technology and the ever-growing cryptocurrency market.

GTG has been at the forefront of these developments, with direct involvement in the development of Malta’s innovative legal framework and vast experience in advising clients operating in the fields of blockchain technology, cryptocurrencies, payment services and electronic money. Our experienced Fintech team provides practical and nuanced regulatory guidance and advice on:

• The regulatory status of cryptocurrencies and companies trading in VCs
• The regulatory requirements to register a whitepaper with the MFSA or apply or a VFA service provider licence
• Financial Instrument Tests to determine the legal classification of any DLT Asset
• The legal aspects of blockchain-backed operations
• Drafting legal opinions
• Solutions and advice for KYC-related matters

Our services are also complimented by GTG Corporate, our dedicated CSP which is duly authorised by the Malta Financial Services Authority to act as a Company Service Provider and offers specialised guidance in corporate, regulatory and compliance matters including the incorporation of companies and set ups in Malta.

Technology, media and telecommunications: GTG’s technology, media and telecommunications department is a cross-sectoral team of legal professionals with vast experience in providing clients with tailored, efficient and value-added legal solutions in technology matters. We provide assistance to tech companies throughout their business life cycle, from start-up stage when setting up of their business through to assistance relating to commercial and legal matters and all facets company law, including listing, mergers and acquisitions. We combine extensive experience and multidisciplinary knowledge of the law with a solid background in the fast-moving and dynamic technology sector, consistently standing at the forefront of legal development in the sector in Malta. Known for acting for some of Malta’s most prominent technology companies, as well as young and rapidly growing clients, our specialist lawyers are regularly seconded into clients and plugged into the business industry advising on new threats and opportunities as well as applicable strategies within the local and international tech sphere across a number of industries including:

• Software, where our experience ranges from working with companies with narrow vertical software offerings to generic platform providers looking to licence their APIs and SDKs to others.
• Hardware vendors and integrators, where we assist in issues dealing with, in particular, data protection, consumer legislation, and e-commerce regulations.
• Payment, Internet and e-commerce, where we assist on any deals, disputes as well as advising on consumer issues, data security and data protection.
• Media, where we advise on M&A, IPR, commercial deals, content production and distribution carriage arrangements, advertising, regulatory issues as well as spectrum and coordination requirements.
• Telecommunications, where our experience ranges from authorities to the top market and sector leaders locally and abroad. Our clients are both providers and users of telecoms services. We offer advice on the full range of issues in the sector: commercial/transactional, regulatory, consumer, competition (both ex ante and ex post).
• Litigation, complaints and dispute resolution, where our experienced litigation teams regularly assist to provide a seamless service.

Competition law: We have long recognised the importance of competition and antitrust law in the spheres of business and commerce. With unsurpassed expertise in the area of competition law, GTG at all times aims to minimise the antitrust risk of its clients’ transactional objectives through preventative and precautionary measures, avoiding the risk of possible penalties, legal reviews and contractual nullification as consequences of non-compliance.

With particular focus on adherence to domestic and EU legislation, we carefully guide and advise our clients on restrictive practices, abuse of dominance, cartel investigations, and concerted practices for enterprises, as well as regulatory and transactional issues concerning mergers and acquisitions, such as merger control and clearance, licensing, and setting up joint ventures as well as FDI.

Data protection and privacy: Across Europe, data protection rights are fundamental human rights regulated by a comprehensive legal framework. We understand that the specific requirements of European data protection law can be challenging for organisations, especially because of variations in local laws across EU Member States despite the GDPR.

Our data protection team has extensive experience in data protection across multiple sectors, including specifically regulated sectors such as telecommunications and gambling. We have assisted multiple companies, individuals and state entities and can readily advise on:

• Tailored compliance tools and procedures (such as privacy impact assessments, checklists, notice and consent forms, data transfer and processing agreements, sample security procedures, complaint handling and dispute resolution procedures and employee training materials)
• Corporate privacy risk management, as well as legislative and strategic policy advice
• Corporate information policy and legal compliance
• Data breach notification requirements
• Data protection by design principles and data minimisation
• International data transfers, including Binding Corporate Rules, model clauses and the EU-US Privacy Shield
• Data protection issues in the context of outsourced arrangements
• Compliance issues related to cloud-based data processing services and by novel tech such as blockchain and IoT.

Our data protection team is particularly known for successfully representing clients in data protection disputes including on GDPR matters before the Information and Data Protection Commissioner.

Intellectual property rights: IP is an often overlooked asset and our specialised team is focused on identifying, creating, protecting and enforcing our clients’ intellectual property (IP) rights and intangible assets. We aim to provide comprehensive IP solutions for our clients’ businesses, to make the best IP decisions to meet both short-term and long-term goals with a view to secure market position and maximise IP value. Our team can advise on the registration, protection and securitisation of all aspects of intellectual property assets as well as IP portfolio management, both in Malta as well as on an EU and international context.

We have experience covering all forms of IP rights, including but not limited to trademarks, designs, copyright and trade secrecy. From structuring a wide range of commercial agreements, amongst which those dealing with licensing, mergers, acquisitions and dispositions, technology transfer and services to drawing up internal agreements such as employment contracts with non-disclosure and confidentiality clauses, or team has got you covered.

GTG also represent clients in trademark opposition proceedings and have a specialized IP Litigation professionals focusing on IP litigation processes and procedures, within the Courts of Malta as well as internationally.

Litigation and alternative dispute resolution: GTG prides itself in its strategic approach to dispute settlement which combines careful analysis of our clients’ legal position with the ability and determination to represent our client in the best possible way. We effectively and efficiently resolve disagreements in all contexts, including both the courts of law and non-judicial contexts, as well as through arbitration, conciliation, mediation and out-of-court settlements or before authorities and regulators. We are dedicated to protect our clients’ every interest, but in doing so we are also mindful of the need for rapid and cost effective solutions.

GTG’s team of lawyers are all members of the local Bar and able to appear before all the Courts of Justice including all the local Tribunals: their experience covers all aspects of Civil, Commercial, Company and Industrial Litigation, including expertise in all matters relating to family law, insurance (including vehicle collisions and personal injury claims, amongst others), corporate, data protection, gaming, intellectual property, competition, banking, contractual disputes, insolvency, debt collection, public procurement, employment disputes, consumer protection, aviation law, maritime law and the enforcement of foreign judgments.

Our team is also able to draw upon the knowledge and experience of lawyers in other practice areas of the firm to offer assistance in representing clients in highly technical or specialized matters. We are also experienced in handling and coordinating various aspects of our clients’ litigation requirements overseas.

Commercial law: Failure to understand the realities of any commercial obligation can result in financial losses as well as reputational damage. With global knowledge and local expertise, GTG’s experienced team is able to assist clients throughout the whole lifecycle of a commercial decision, from advising on the implications and consequences of business strategies to the actual negotiations and drafting of legal contracts as well as representation in disputes, litigation and alternative settlement proceedings.

We provide sound advice aimed at guiding clients in overcoming the legal challenges that they face in the business world. Our services include advice and assistance in:

• Mergers and acquisitions
• Contract drafting and negotiation
• Branding and marketing
• Regulatory matters
• Consumer protection issues
• Commercial agreements
• Litigation

Corporate law: Our team’s expertise in corporate matters is renowned: we routinely advise Maltese and international leading businesses ranging from start-up ventures to multinational companies, providing our customary tailor-made services and solutions.

With experience spanning the corporate lifetime, we provide advice ranging from the establishment of structures and companies in Malta through to providing ongoing assistance on all business and corporate matters, up to dissolution of a company. GTG provides assistance to clients on various corporate, commercial, regulatory and compliance matters, licensing and domiciliation, share option agreements and share incentive schemes, the drafting of commercial contracts, and providing legal due diligence reports in relation to commercial transactions.

GTG’s significant experience in the field and global broad market and sectoral knowledge give our clients’ access to advice on cutting-edge transactions and complex cross-border arrangements, as well as assistance in major dealings involving company and partnership formations and maintenance, mergers and acquisitions, corporate restructuring, joint ventures, shareholders’ agreements, insolvency matters, capital markets and securities.

Capital markets: While contained in size, Malta is a vibrant emerging capital market jurisdiction, with an increasing number of financial instruments on the main market as well as on the secondary market. Enjoying a sound international reputation through comprehensive regulation, the Malta Stock Exchange operates effective facilities to a high standard for the trading, settlement, and registration of securities. The Malta Stock Exchange has recently also effected changes to its by-laws to accommodate the listing of Real Estate Investment Trusts (REITs), while more recent legislative advancements now include crowdfunding and distributed ledger technology (DLT) market infrastructure regulation in Malta.

GTG’s experienced team regularly assists clients in obtaining all required authorisations, including:

• Initial public offerings (IPOs)
• Bond issues
• Rights issues
• Private offerings
• Convertible and exchangeable securities
• Security token offerings
• DLT market infrastructure

Citizenship and residence: A rare blend of sun, sea, history and technology, Malta has earnt its place as the foremost destination for those wanting to successfully establish themselves on Europe’s Mediterranean coast. Offering a variety of residence schemes, Malta also offers the Granting of Citizenship for Exceptional Services Regulations leading to the obtainment of Maltese citizenship through exceptional services by direct investment. These schemes provide a beneficial tax rate to those residing in Malta, together with a variety of other, scheme-specific benefits.

Our specialised teams routinely advise international clients on identifying which programme suits them best, providing guidance and assistance throughout the process. Malta’s comprehensive range of residence programmes includes:

• The Global Residence Programme
• The Highly Qualified Persons Programme
• The Key Employee Initiative
• The Malta Permanent Residence Programme
• The Malta Residence & Visa Programme
• The Malta Retirement Programme
• The Qualifying Employment in Aviation Programme
• The Malta Residence Programme
• The Qualifying Employment in Maritime Activities and Servicing of Offshore Oil and Gas Industry Activities (Personal Tax) Scheme
• The Nomad Permit

GTG is a duly authorised agent for applications for Maltese citizenship under the Granting of Citizenship for Exceptional Services Regulations and Maltese residence under the Malta Permanent Residence Programme and the Malta Residence & Visa Programme. Our firm is also an authorised mandatary to assist clients seeking to apply under one of Malta’s beneficial tax residence schemes. We also offer assistance with applications for Maltese residence permits for EU nationals under the freedom of movement principle, and the Single Work Permit for non-EU nationals.

Financial services: One of the foremost business hubs for international financial services in the Euro-Med region, Malta’s financial services industry is backed by comprehensive, flexible regulation which has allowed it to grow and innovate over the years, establishing it as leader in traditional financial services and in the Fintech sector. Offering significant advantages for operators in the financial services industry, Malta has drawn and continues to draw several international operators to it as an onshore jurisdiction providing internationally recognised standards.

An EU member state since 2004, Malta offers its domiciled licensees the possibility of operating throughout the EU in accordance with the EU’s passporting procedures while also offering a wide network of Double Taxation Treaties allowing for significant tax advantages in international tax planning.

GTG’s dynamic team provides practical and nuanced regulatory guidance and advice to its domestic and international clients wishing to apply for the following Malta licences:

• Credit Institutions
• Crowdfunding Services Providers
• E-Money Institutions
• Financial Institutions
• Insurance Companies, Insurance Intermediaries and Captives
• Investment Funds
• Investment Services
• Payment Services Institutions
• Pension Scheme Service Providers and Retirement Funds

Shipping and maritime:  GTG has long established itself as one of the top-tier firms in the area of shipping law, with our experienced shipping and maritime team having extensive experience in all aspects contingent to the maritime sector.

Holding one of the largest shipping registries in the region, Malta has established itself as an ideal transit route between Europe, the Middle East and Africa, with efficient customs formalities, a reliable handling and delivery system, advanced warehouse and distribution centres, and shipping agents providing excellent services at competing prices. The Malta flag is particularly renowned for its value, requiring rigorous compliance with Maltese regulations and international treaties.

Ship registration is inexpensive and simple, and is open to bareboat charters and all types of vessels, including pleasure yachts, cruise liners and oil rigs, that may be registered by EU citizens or in the name of legally-constituted corporate bodies or entities, irrespective of nationality. As a member of the International Maritime Organisation (IMO), the International Labour Organisation (ILO) and the International Maritime Satellite Organisation (INMARSAT), Malta is a party to all major maritime conventions and abides to all internationally-recognized standards, while also offering considerable tax advantages thanks to its many double taxation agreements.

GTG provides timely, meticulous and expedient results, drawing on its vast expertise to apply the law to the advantage of our clients, ranging from ship owners, charterers, agents and freight forwarding companies to international banks and other entities providing ship finance. We assist our clients on all matters relating to:

• The formation and maintenance of shipping companies
• The registration of vessels in the Malta Registry of Ships
• Agreements concerning shipbuilding, sale and finance of ships
• Maritime contracts such as charter contracts, carriage of goods by sea, tug and tow and marine insurance
  Our dynamic team also acts for clients purchasing or selling luxury yachts and represents clients in admiralty practice, litigation and arbitration proceedings.

Yachting: Malta is an extremely attractive jurisdiction for yacht owners and proudly holds the record of having the highest number of registered superyachts in the world. The success of its yachting industry is largely the result of Malta’s ability to build upon its strong maritime foundation while also catering to the varied needs of yacht owners through strong legal developments and highly efficient mechanisms. Our services include:

• Tailormade solutions for yacht owners
• VAT structuring
• Assistance with importation procedures
• Assistance with temporary admission procedures
• Assistance with sale and purchase
• Assistance with employment matters
• Pleasure yacht registration
• Commercial yacht registration
• Registered agent services
• Ship finance, including registration of mortgages

Gaming and betting law: One of the first Malta law firms actively involved in the provision of legal services to companies in the gaming and betting industry, GTG boasts one of the country’s most dynamic teams in the field. We have assisted a vast number of clients in the successful obtaining of remote gaming licenses in Malta and abroad, and provide ongoing support on any aspect relating to the operation of the licence holder. Our comprehensive expertise in other relevant areas including mergers and acquisitions, corporate law, payments, ISPs, and data protection, enables us to provide practical and nuanced guidance and advice across multiple disciplines.

Our dynamic teams of lawyers an industry specialists can:

• Offer advice on the optimal jurisdiction for a client from a regulatory perspective
• Assist in obtaining a gaming license in Malta or in another EU member state, and provide the necessary assistance through a one-stop-shop service
• Offer advice on all aspects of business including media and data rights agreements
• Advise local license holders on regulatory obligations
• Provide a full range of commercial and regulatory, corporate lawand dispute resolution services