Pharmaceutical Companies in Malta The Origins of the Bolar Provision The Bolar Provision defines the circumstances in which the proprietors of a patent are precluded from preventing third parties from performing acts which are otherwise protected by patent law. The Bolar provision originated within the United States, by virtue of the judgment Roche Products v […]
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Regulation of Trustees in Malta The tri-partite relationship between the trustee, settlor and beneficiary is based on a fiduciary relationship. The Trust and Trustees Act Malta (Chapter 331 of the Laws of Malta) specifically provides for the regulation of trustees in Malta, the role of which can be maintained by natural or legal persons alike, provided that the
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REITs: Asset Classes & Activity Comparisons During the 2019 Malta Budget, the Maltese Government announced intentions to introduce a Real Estate Investment Trust (REITs) regulatory framework. As one of the few countries within the developed world that does not yet have such a regime yet in place, the announcement was very much welcomed by investors as
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Malta Digital Gaming Incentives Since 2011, the Malta digital games Industry has developed rapidly becoming one of the burgeoning industries in Malta in a short span of time. This is mainly attributed to the Government’s policies aimed at making Malta a digital hub as well as the availability of a widespread range of incentives that address the
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Foundations under Maltese Law Any person, whether a national or otherwise, has the right to establish legal organizations, including Malta foundations, as long as that person complies with the prescribed rules as to form and content. Setting up a Malta Foundation Public Deed or Will A Malta foundation can be set up either by means of a
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Unit Trusts under Maltese Law The Unit Trust The purpose behind the creation of a unit trust is that many persons, whether legal or natural, are unable to accumulate large pools of moneys sufficient to individually give them access to substantive investment opportunities. In this event investors collectively contribute through the set up of a
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Malta UCITS Funds UCITS schemes are schemes that are harmonized under the UCITS Directive of the European Union. These are schemes that predominantly invest in transferable securities such as: (a) shares in companies and other securities equivalent to shares in companies; (b) bonds and other forms of debt securities; or (c) any other negotiable securities which carry the right
Capital Gains and Property Transfer Tax in Malta Introduction The transfer of immovable property in Malta attracts an amount of tax which is imposed on the person transferring the property to the other party. In this regard the term “transfer” includes any assignment or cession of any rights over property.[1] Upon the transfer of immovable
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Malta Opportunity: Blockchain & Cryptocurrencies Blockchain, Cryptocurrencies & Opportunities for the Maltese Banking Industry, in the same sentence, may seem far-fetched, ludicrous and potentially outrageous to some, and interesting and innovative to others. The reality is that the world we live in and the financial services and banking sector will need to embrace and also evolve to
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Fund Administrators in Malta The Investment Services Act provides that any person who in Malta or from Malta provides administrative services which do not themselves constitute licensable activity under this Act, shall be required to apply for recognition by the MFSA. The Regulator The Malta Financial Services Authority (MFSA) is responsible for the recognition, regulation
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Introducers under Maltese Financial Services Law Introducers in Malta: Introduction An Introducer is defined in the Glossary published by the MFSA as a person who enters into a written arrangement with a License Holder, whereby such person introduces a potential customer to the License Holder, as a consequence of which the License Holder may remunerate
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Malta Binary Options Regulation of Malta Binary Options On the 17th July 2013, the Malta Financial Services Authority (MFSA) announced that Binary Options are considered as instruments falling within the parameters of the Second Schedule of the Investment Services Act. This announcement follows a clarification made by the European Commission that Binary Options meet the
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Using Malta Funds for Polish Optimalization Structures Collective investment vehicles, better known as funds, are broadly used in domestic and international tax planning. Within the EU they are subject to freedoms offered by the Single Market (namely, Freedom of Establishment and Free Movement of Capital) and regulated by secondary legislation. This publication presents short description
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Malta’s Participation Exemption Participation Exemption & Malta Holding Companies A Malta Holding Company is a company incorporated in Malta with the object of holding shares in other subsidiary companies or also of holding any other assets including movable and immovable property, cash and intellectual property both in and outside Malta. Malta companies benefit from a participating exemption based on the
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Malta Investment Advice: Definition and Consideration Investment Advice under Maltese Law Investment advice is one type of investment service which may be furnished by an investment service provider licensed by the Malta Financial Services Authority (MFSA) under the Investment Services Act (ISA). With the exception of a category 4 licence holder, all other investment services
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