It is a known fact that in the past few years over ten thousand Maltese Limited Liability Companies have been struck off from the Malta Business Registry (MBR). The primary reason was typically the non-compliance with the Beneficial Ownership Regulation rules that came into force in 2018. The clampdown by the registry on companies that were not fully compliant led to a number of companies being struck off as per article 325 of the Companies Act.

A Maltese Limited Liability Company has a number of obligations to follow and duly inform the MBR on the record keeping of various board minutes, the filing of annual returns, the filing of Beneficial Owners (BO) declarations and the filing of accounts. There are also other requirements, such as record keeping of shareholder registers and the issuing of share certificates, list of directors, company minutes. These are to be physically stored in the registered address of the company and easily available for inspection.

Typically a company that has corporate shareholders in excess of 25% of their share capital is susceptible to be ready for such an inspection. This is an exercise which the MBR has to do periodically since the Registry is also a subject person and subject to various rules of compliance.

The case under review involves a company that has been struck off from the MBR for non-compliance of the Companies Act. The company was incorporated in 2015. The company had a corporate shareholder and subsequently failed to notify the MBR to submit the BO form since the new rules came into place in 2018. Consequently a notice was sent to the company’s registered address in 2020 to inform it that it was in breach of Regulation 8 of the Companies Act Regulation (Register of Beneficial Owners) and since the company failed to rectify it’s position, it was eventually struck off in 2021.

The client company came to Sciberras Advocates to request assistance and the procedure of Article 325(4) of the Companies Act (Chapter 386 of the Laws of Malta) was used to restore the company. Through intermediaries, the company filed it’s BO Declaration, submitted pending annual returns, updated the accounts and paid the respective fines. After that, the MBR issued a no objection notice and in 2022 the company was restored.  Such notice was published on a local newspaper and the MBR website. In terms of the law, a company that has defunct and has been revived is considered to have continued in existence as if its name had not been struck off.

Speak to Sciberras Advocates should you require any assistance in keeping your company in good standing and in case the company has been struck off from the Registry for non-compliance. Sciberras Advocates can assist with any of above procedures.  

This article is for information purposes only and should not be construed as legal advice.

Article written by Dr Adrian Sciberras, FCCA, MIA, CPA, LL.B. (Hons) (Melit.), M. Adv (Melit.), Advocate and Certified Public Accountant is the founder of Sciberras Advocates.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

Property law is vast and complex and so are issues related to this sector. When one thinks about property law, the main thoughts go into buying or selling, renting or leasing, notary services, bank loans, condominium matters, Planning Authority permits, and so on.

Some communalities found in property transactions for people buying and selling real estate include problems with title, with access, with disclosures, and with enforcement. However, over and above these, within property law there is so much more. Property owners often encounter issues of spoliation (spoll), servitudes issues, constant noise pollution from neighbours, incorrect use of property – from residential to commercial, airspace rights, recovery of deposits related to property, dangerous demolitions and excavations next to residential properties, disputes between neighbours, landlords suing tenants, property boundaries, latent defects, depravation of the use of one’s property, and so on.

These scenarios have become very common in Malta as expected because of an increased population due to the influx of expatriates and new businesses, and the construction boom on the island. This construction boom is not only responsible for many blocks of apartments for housing, but also new commercial and entertainment buildings. Malta’s skyline has changed drastically over the years creating challenges for residents and property owners.

Sciberras Advocates holds extensive experience in real estate transactions and property related issues in Malta. It is advisable to get legal counsel from a property lawyer whenever concerns arise, not only because contracts and agreements are filled with legal jargon, but also because one would need to understand properly and know the rights one holds on to certain matters before they are escalated. Hiring a property lawyer today to review a promise of sale agreement can save you a lot of money in the future. This is the same as safeguarding yourself during legal proceedings and disputes in or out of court for any issues related to property such as the scenarios mentioned above. Our property lawyers will be able to consult you on the best way forward when it comes to matters related to property.

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

A success story for our client, a Third Country National of Egyptian nationality, wanted to submit an appeal on a Visa refusal from the decision taken by the Embassy of Malta in Egypt. Our client, assisted by Dr Adrian Sciberras of Sciberras Advocates and Dr Karl Cordina of Belgravia Advisory was issued an approval letter by Identity Malta Agency following an application dated 16 October 2020, requesting a residence permit for the purpose of employment in Malta with a local Maltese company.

Following this approval letter our client applied for a Visa to enter Malta. On the 17th of August the client received a letter of refusal by the Embassy of Malta in Egypt informing him that his application was refused on the following grounds: “The information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable”.

Our client had grounds for an appeal which we submitted to the Immigration Appeals Board for consideration on various grounds. Our groundwork included reviews of the rejection letter, focusing on discriminatory matters, setbacks for the applicant and for the prospective employer and other related matters.

For these reasons stated above and more, on behalf of our client, we requested the Immigration Appeals Board to re-consider the facts of the case. Following our submissions, evidence produced and considerations, the Board took a decision to accept the appeal on the condition that within two weeks from receipt of the decision, the prospective employer provides the Central Visa Unit with an affidavit in which he declares that the appellant’s services, being our client, are still required.

Sciberras Advocates can assist in appeals at the Immigration Appeals Board or written requests to Principal Immigration Officer to appeal, overturn bans and challenge removal orders. More information about immigration services can be found here: https://sciberras.legal/practice-areas/immigration-law/ or contact us directly to speak to one of our immigration lawyers.

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

The maritime industry in Malta is highly established and holds a solid reputation even though Malta is one of the smallest members of the European Union. It holds the largest maritime registry in Europe and the seventh largest in the world.

Most of the world’s ships are registered in just a few nations. Around 50% of the world’s ships are registered in just three locations: Panama, Liberia and the Marshall Islands. Around 70% of the world’s ships are registered in 7 locations, the three above as well as Hong Kong, Singapore, Bahamas and Malta.

The Maltese flag appears on many ships and yachts. This success has been mostly triggered by Malta’s strategic location in the middle of the Mediterranean Sea combined with its vast maritime history and since it has established itself as a white flag state. This means that the Maltese flag is not a flag of convenience but a flag that’s trusted by foreign investors interested in the Maltese shipping industry.

The Maltese flag is also chosen for the highly affordable registration costs and fees, resulting in major savings. Transport Malta, the authority that regulates this sector, that has the lowest fees in the European Union.

The Maltese Merchant Shipping Act is largely based on its English counterpart and principally governs the registration and operation of vessels. The Merchant Shipping Directorate at Transport Malta is responsible for the registration of vessels under the Maltese flag and the provision of all aspects of the on-going administration of Malta-flagged vessels.

At Sciberras Advocates we provide advisory services to individuals and legal persons who would like to register their commercial or pleasure boat in Malta. We can handle the registration process assisting you in benefitting from the highly affordable registration costs and fees of service charged in Malta, all whilst ensuring a smooth process. More information here: https://sciberras.legal/practice-areas/ship-yacht-registration/ .

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

A major crisis is happening in Malta and other European counties. There is a huge shortage of employees in many industries, but especially in the service industry. With tourism reaching its peaks during the hot months in Malta, many restaurants and hotel owners are struggling to find employees.

Authorities indicate that supplying multiple applications at once is normally flagged, so employers and recruitment agencies are therefore advised to focus their efforts on quality of applicants rather than quantity. Companies and recruitment agencies are urged to source employees more efficiently.

Despite that fact there is no country that is more favoured than others when it comes to the issuance of work permits, the Maltese government has several agreements with certain countries to make the process of obtaining work permits more efficiently.

When sourcing employees it is important to follow certain standards and procedures such as that the employer should make direct contact with the prospective candidates, confirm backgrounds checks, ask on intention to work in Malta and any future plans, and ensure that the qualifications match the job description you have presented to the prospective employees. Once again, as mentioned above, it is not advisable to apply in bulk. Applying wisely will give you higher chances of obtaining an ‘Approval in Principle’ for your new Third Country Nationals employees

As an employer, if you have difficulty with the procedure and paper works, Sciberras Advocates can handle the work permit, visa and residency process for you. The team at Sciberras Advocates will be happy to assist you in getting your new employees to Malta, by applying for the Single Work Permit, Visa, and Malta Residence Card for them, ensuring that all steps go smoothly, with the opportunity also to do appeals directly with our firm in case of rejections. If your company or business requires assistance on work permit documentation in Malta, then you can reach to us to handle all your paperwork.

For more information, please follow this link: https://sciberras.legal/practice-areas/work-permits-residency/.

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

Disputes, conflicts, or offences can take place easily. It could be with a neighbour, a client, a business partner… There are many scenarios for disputes, and normally these can be broadly divided into two types: criminal cases and civil cases.

Let’s talk about civil cases. A civil case involves a dispute between people about the rights or obligations of the people or businesses involved. A civil case usually involves one or more persons seeking a remedy of some kind from another person or group of persons to resolve a private dispute between them.

Examples of areas of law that are classified as civil law are:

• Financial or commercial issues
• Housing/tenancy/property/spoliation issues
• Defamation
• Inheritance and succession issues
• Family law
• Employment law

In civil cases, each person involved in the case is called a ‘party’ to the case. The party who makes a claim or commences the case is generally called the ‘applicant’. The party defending themselves against the claim is generally called the ‘defendant’.

Having a lawyer by your side is essential to protect yourself legally. Together with a lawyer the process becomes easier through the knowledge of your legal rights about any issue of concern. Your interests are protected, documents are handled correctly, implications are known in case you want to take a risk, and solutions are presented in an orderly and efficient matter. It is particularly important in the legal practice that the client perceives the lawyer as a solution. That is why it’s important for a lawyer to express him/herself simply and clearly.

Furthermore, it’s crucial to choose a law firm that is operating in litigation before the respective courts and/or respective tribunals but also has experience in negotiating an out-of-court settlement so that the dispute could be settled through mediation and arbitration.

Sciberras Advocates lawyers will ensure to give you an analysis of the situation and solutions for a positive outcome. We see ourselves as a hands-on law firm that provides practical assistance tailored to the client’s needs. We are therefore committed to give a complete legal situation so that our clients can make an informed decision themselves.

Our team of professional and experienced lawyers can provide a comprehensive and cost-effective service, which is tailored for every single client. You can expect a personalised approach when dealing with your requests and queries. For more info or assistance please contact us: https://sciberras.legal/contact/.

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

Few months ago, Sciberras Advocates has helped a student on a genuine case with the Principal Immigration Officer (PIO) to overturn an entry ban into Malta. Our client had invested in over €10,000 in study fees for his medical degree, as well as he was renting an apartment since was living in Malta for a long time.

Case:

Our client left from Malta to the UK and was issued with a re-entry ban because he had overstayed in Malta. The client is a UK citizen in possession of a Maltese residency card and has been in Malta since starting a medical degree in 2017. He had, however, spent a year in the UK as part of his degree requirements. He eventually returned to Malta. He was not in Malta during the period when UK nationals in Malta had to exchange their residency cards due to Brexit, and he mistakenly believed that his current residency card would remain valid until it expires in November 2022. This was not the case, so the client was issued with a ban that stated an overstay of 343 days.

Conclusion:

Thanks to our intervention with the PIO, we managed to overturn the ban by firstly getting approval for our client to apply for a visa at our High Commission in London. When this was granted, we dealt with the PIO to remove the re-entry ban by giving enough reasons in justifying his return also his oversight regarding his residency documents following BREXIT.

This was another success story for Sciberras Advocates, assisting our client to remove an entry ban with an appeal.  Sciberras Advocates can assist with appeals at the Immigration Appeals Board or written requests to Principal Immigration Officer to appeal, overturn bans and challenge removal orders.

More information about immigration services can be found here: https://sciberras.legal/practice-areas/immigration-law/ or contact us directly to speak to one of our immigration lawyers.

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

Opinion Article

It is well known from official statistics that officially over 50,000 Third-Country Nationals (TCNs) have work permits in Malta. Apart from the employment license holders, there are a number of dependents of these TCNs and also there are thousands who are here illegally. As a conservative estimate the majority of increase in Malta’s population is due to the rapid rise of TCNs in the past ten years. Over one in 10 of the population is a TCN. And by a rough estimate, over 20 percent of the population is no longer native Maltese. That means that Malta’s rapid economic growth in the last decade is being fueled by these foreigners who are a mix of highly qualified employees, wealthy residents or retirees who choose Malta as their retirement destination. Furthermore, there is also a number of blue-collar workers, both unskilled or semi-skilled workers that are employed in catering, construction and hard manual labourers such as manufacturing and agriculture. These type of expats are equally important as they make our country more cosmopolitan than ever.

With the government’s policy of increasing the working population comes with a host of problems. A number of foreigners (particularly TCNs) are staying here illegally. This is because our country is riddled with bureaucratic procedures. Whilst Identity Malta Agency is supposed to be a data controller and application processor, the Agency has taken the role of a quasi-judicial function by issuing guidelines that when a TCN loses the job, s/he is only allowed a period of 10 days from the termination date during which the TCN can apply for a new job. This practice stands to be challenged as it is not found in the Immigration Act however even though it should serve as a guideline, the Agency is adhering strictly to the rule that itself issued and is revoking residence permits en masse. It is very difficult for an employee who lost the job to find a replacement in a very short time and one must be very lucky. The average period of unemployment is typically three to four months or a few less if skilled or specialised.

Furthermore, a number of abusive employers are quick to backdate the termination date so as not to pay national insurance and taxes. The TCN is put in a state of illegality by this system. At least Identity Malta Agency should start the 10 days from when the employee receives the notification of termination. There are thousands stranded in such a situation, all living in fear that the Principal Immigration Officer will find them, deport them and terminate their European dream.

Yet at the same time, Identity Malta Agency is flooded by new applications and it seems that there are many more TCNs coming to Malta whilst a huge number of TCNs are still roaming, working the odd jobs with exploitatitve employers (or genuine ones but who cannot manage to regularise them) and end up working without actually paying taxes. This is a known situation in Malta particularly in the horeca and construction industry, yet no one is trying to do something about it.

There is a potential solution if one follows a practical approach. First of all, the time limit to change a job should become a law that is dictated from an Authority and not an Agency. Secondly, more reasonable time frames should be offered similarly to what can be found in other EU countries. Certain countries permit two or three months, other countries permit that a TCN can find a job until the expiration of the residence card or be registered in the ‘Unemployed List’ without taking benefits but securing a residence also by means of a Temporary Residence Card. Certain countries such as the neighboring Italy even allows up to one year to find a new job.

Why should a worker who was dismissed and does not agree with such termination, not afforded the same rights as a Maltese or EU National? If the country needs all these workers why doesn’t the Agency, with the help of Immigration Police, issue a one-time regularisation program to allow these ‘illegal’ immigrations to regularise their position. Does Immigration Police have enough resources to ‘deport’ these illegal immigrants? Instead of issuing hundreds of new work permits why doesn’t the Agency authorise the over-stayers (who are already here and available to work) to regularise their position?

In my opinion if this period is increased to six months, and the government issues guidance to Identity Malta Agency to regularize these TCNs, this would solve many problems and rake in taxes. Employers would register them and pay their national insurance, landlords would rent apartments with more peace of mind, the Jobsplus register increased labour force, Immigration Police will have more time to evaluate applications, and Identity Malta Agency would work in better harmony.

The fact that due to increased workloads and new applicants the stakeholders have to naturally take more time to process such applications and unless a huge increase in workforce is positioned with the various stakeholders, these departments will keep missing their own deadlines and putting the TCNs in a continued state of illegality.

This article is for information purposes only and should not be construed as legal advice.

Article written by Dr Adrian Sciberras, FCCA, MIA, CPA, LL.B. (Hons) (Melit.), M. Adv (Melit.), Advocate and Certified Public Accountant is the founder of Sciberras Advocates.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

A legal opinion, also referred to as an opinion letter is a valuable document issued by a lawyer expressing a legal analysis of a specific problem, concern, or transaction.

Such letter is normally divided into various sections, starting by identifying the background, assumptions to be relied on, qualifications, and lastly the legal opinion drawn up by the lawyer. Such letter will also identify legal risks and can, for example, confirm that a party can participate in the transaction and be able to perform the obligations as outlined in the documents.

The purpose of providing the legal opinion is to inform the addressee of the legal effect of a transaction or matter; and to identify legal risks that the addressee should consider and further evaluate. For this, the purpose of such legal letter is that the recipient will be able to rely on the content of opinion letter and treat it as a basis for entering into a specific transaction. In brief, a legal opinion expresses the illegibility or legibility of an action to ensure that regulatory requirements are satisfied based on legal principles. For instance, when a certain business transaction is involved, a legal opinion would reassure an investor, or otherwise, that all documents are binding.

Our lawyers at Sciberras Advocates can study your specific case and draw up legal opinions or opinion letters by providing a professional understanding of various matters and contexts based on legal principles. You can find more information about this on our website https://sciberras.legal/practice-areas/legal-opinion/ and you can also get in touch with our lawyers on [email protected].

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].

This is a case study about an appeal handled last year by Dr Adrian Sciberras of Sciberras Advocates and Dr Karl Cordina of Belgravia Advisory. On behalf of our client, we submitted a notice of appeal from the decision taken by Identity Malta Agency. Our client, a Third Country National, submitted his single permit on 18^th September 2020 under the Single Permit procedure, as provided for in Subsidiary Legislation 217.17 with a Malta registered company that offered him a job.

The application was rejected, specifying on the refusal letter received, that the ‘application was not recommended for approval by Jobsplus because it transpires that your prospective employer failed to provide the necessary information for the processing of the application.’

Our client had the right to appeal to this decision in terms of the provisions of article 20 (2) of the Subsidiary Legislation 217.17. Dr Adrian Sciberras presented an appeal based on proven facts and grounds. Our work included a review of the application that was submitted to identify any issues and failures which could have been of detriment to the client. Furthermore, through our findings, as part of our appeal to the Board, we also revealed the failing points from Identity Malta Agency regarding this case so that we could present a stronger appeal.  

Following our submission, evidence produced and various considerations, the Immigration Appeals Board accepted our appellant’s appeal, giving our client the opportunity to revise his application with Identity Malta Agency.

This was another success story for our firm, winning an appeal for a TCN who was ready to start his new job in Malta. Sciberras Advocates can assist in appeals with the Immigration Appeals Board or written requests to Principal Immigration Officer to appeal, overturn bans and challenge removal orders. More information about immigration services can be found here: https://sciberras.legal/practice-areas/immigration-law/ or contact us directly to speak to one of our immigration lawyers.

This article is for information purposes only and should not be construed as legal advice.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].