If you are familiar with any of the below scenarios, then you must also know that you have the right to appeal with Immigration Appeals Board as per below notifications:

• 如果您的单一许可申请被拒绝，您有权根据附属法规 217.17 第 20(2) 条，在收到拒绝决定通知后的三天内向移民上诉委员会提出上诉。.
• 如果您的签证申请被马耳他当局拒绝、宣布无效或撤销，您有权根据第 217 章第 25A(5) 条，在接到此类决定通知之日起十五天内向移民上诉委员会提出上诉。.
• 如果您收到返回原居国的遣返令，您有权在收到通知后的三天内向移居上诉委员会提出上诉。根据第217章第25A(5)条的规定，您也拥有这项上诉权。.

Keeping proper documentation is of utmost importance in the case of appeals, as one would need to show proof of various circumstances such as justification for intended stay, proof of job skills for Single Permit Applications, proof of work, accommodation, and medical insurance for Visa approvals and so on and so forth.

Immigration, work permits, Visa refusals and appeals in Malta are delicate matters that need to be seen immediately since the right to appeal varies from just few days up to maximum of two weeks from receipt of these notifications. Our immigration lawyers are aware of this and have great experience and expertise within the immigration law in Malta and all the necessary processes. They work closely with the Immigration Appeals Board in Malta to assist you with appeals on removal and return orders.

For more info visit here: https://sciberras.legal/practice-areas/immigration-law/

If you require immediate assistance, please contact one of our immigration lawyers in Malta on [email protected].

本文仅供参考，不应被视为法律建议。.

夏琳·西贝拉斯（Charlene Sciberras）女士撰写，文学士（荣誉学位），特约撰稿人，营销和工商管理专家，尤其专注于公司、会计和法律事务。.

Sciberras Advocates 由 Adrian Sciberras 博士创立，是一家总部位于马耳他的律师事务所。该事务所以其多学科、创新和灵活的特点而自豪，能够应对不断变化的时代以及本地和国际法律环境中的任何挑战。无论面临何种复杂私人或公司需求，Sciberras Advocates 都能提供切合实际且具有成本效益的法律解决方案，以实现您期望的结果。您可以通过电话联系 Sciberras Advocates： +35627795222或通过电子邮件发送至 [email protected].

In recent months, Malta has legalised recreational cannabis for personal use. This law now allows the formation of cannabis clubs (or cannabis associations) in Malta. These associations will be monitored by the newly formed regulatory authority being the Responsible Use of Cannabis Authority. Such associations which will be non-profit organisations, will have as their aim the cultivation of cannabis to be distributed among its members.

Currently the Responsible Use of Cannabis Authority is drafting the official guidelines for the cannabis clubs. Meanwhile, in this article today we are giving some unofficial information about such cannabis clubs (or cannabis associations) and their memberships in Malta. This is what we know so far.

• Cannabis clubs must register with the new Responsible Use of Cannabis Authority.
• Cannabis clubs must file a report every three months with this authority.
• Cannabis club membership lists will remain anonymous.
• Cannabis clubs will be able to grow cannabis in the same facilities as their club location.
• Cannabis clubs will also eventually be able to grow cannabis in a different location from where the club is registered.
• Cannabis club premises must be located at least 250 meters away from schools or youth centres.
• Cannabis clubs can issue a maximum of seven grams per member-per day, as long as the total of grams distributed does not exceed 50 grams per-member per-month.
• Cannabis clubs can de-register members who are not active.
• Cannabis clubs will be monitored by a software and must send data to the authority.
• Cannabis clubs must not exceed five hundred members.
• Cannabis clubs will not be open for public, but only for members.
• Cannabis clubs will not be a meeting place for smoking or drinking.
• Cannabis clubs cannot distribute joints or any other weed products such as cookies or cupcakes.
• Cannabis club members must be over 18 of years of age.
• Cannabis club members will be able to purchase weed (leaves or compressed) and collect it.
• Cannabis club members must be in possession of a Maltese ID or residence card.
• Cannabis club members will not be allowed to join more than one cannabis association at the same time.

Please note once again that this is not yet official information since the guidelines are not yet issued from the authority. 

If you are interested in opening a cannabis club or cannabis association, please contact our lawyer in Malta on [email protected]. Once the guidelines are issued, we will be able to assist you in setting up the Malta cannabis club or Malta cannabis association.

本文仅供参考，不应被视为法律建议。.

夏琳·西贝拉斯（Charlene Sciberras）女士撰写，文学士（荣誉学位），特约撰稿人，营销和工商管理专家，尤其专注于公司、会计和法律事务。.

Sciberras Advocates 由 Adrian Sciberras 博士创立，是一家总部位于马耳他的律师事务所。该事务所以其多学科、创新和灵活的特点而自豪，能够应对不断变化的时代以及本地和国际法律环境中的任何挑战。无论面临何种复杂私人或公司需求，Sciberras Advocates 都能提供切合实际且具有成本效益的法律解决方案，以实现您期望的结果。您可以通过电话联系 Sciberras Advocates： +35627795222 or via email on [email protected].

The main legislation in Malta that are focused on employment are Chapter 452 – Employment and Industrial Relations Act (EIRA) and Chapter 343 – Employment and Training Services Act. At the same time, the Department for Industrial and Employment Relations (DIER) is there to protect the interests of parties in employment contracts while actively promoting a healthy employment relationship in a spirit of social partnership, and to contribute towards stable industrial relations.

The local authorities in Malta also work alongside with the EU Employment law framework and other international labour organisations to ensure a good working relationship between employers and employees to know their relevant rights and obligations.

When an employment contract is drafted, it ensures that employees have all their rights safeguarded thanks to the statutory conditions of employment. These include the right to work in a safe workplace, that at least the national minimum wage is paid, gender equality, vacation leave, and that no discrimination will take place.

If the legally binding contract is breached by any of the parties, meaning that either the employer or employee breaks one of the terms, a legal action is required to take place. Then there is also unfair dismissal. Dismissal and the rights and obligations of the respective parties are matters subject to strict regulation under the Maltese law. The Employer may only terminate a contract of employment based on a ‘good and sufficient’ cause, redundancy, or the employee reaching retirement age.

The following are a few example scenarios that are not considered to be ‘good and sufficient’ causes:

• Getting married
• Going on maternity
• Becoming a member of a trade union
• Joining religious groups
• Employer no longer having the confidence of the employee
• Disclosing information to a public regulating body regarding alleged illegal activities being committed by the employer.

In case of disputes, if the Tribunal reaches the conclusion that employment was terminated without a ‘good and sufficient’ cause, the employee may seek to either be reinstatement or ask for compensation. If any of these unfair dismissals sounds familiar to you, we invite you to contact our office for assistance. Our team will help you fight for your rights and compensations. Please contact us on [email protected].

本文仅供参考，不应被视为法律建议。.

夏琳·西贝拉斯（Charlene Sciberras）女士撰写，文学士（荣誉学位），特约撰稿人，营销和工商管理专家，尤其专注于公司、会计和法律事务。.

Sciberras Advocates 由 Adrian Sciberras 博士创立，是一家总部位于马耳他的律师事务所。该事务所以其多学科、创新和灵活的特点而自豪，能够应对不断变化的时代以及本地和国际法律环境中的任何挑战。无论面临何种复杂私人或公司需求，Sciberras Advocates 都能提供切合实际且具有成本效益的法律解决方案，以实现您期望的结果。您可以通过电话联系 Sciberras Advocates： +35627795222或通过电子邮件发送至 [email protected].

One sector that is often forgotten is the security of your brand, product or company. It is important to realise that one day your business can become the most valuable asset for you, and the best way to protect it is to have a registered trademark. Many aspects for your brand can be protected by trademarking. In brief, trademarks matter for the following reasons.

Registered trademarks:

• increase your freedom to operate.
• establish the legal ownership of the brand.
• save money in the long run, in case of conflicts with other businesses
• increase the value of your brand
• means serious business
• the ® symbol is good for marketing purposes

The Malta Trademarks Act 2000 identifies that a “trademark may, in particular, consist of words (including personal names), figurative element, letters, numerals or the shape of good of their packaging”. This or a combination of these elements will help one to distinguish a specific business, goods or services. Furthermore, since Malta is an EU member state, local businesses can also opt for a trademark protection that covers on an EU level, referred to as European Union Trade Mark (EUTM).  

Generally, a trademark application takes around 8 months from application date to be processed for vetting purposes. Keeping this lengthy process in mind, it is imperative to plan ahead, and it is suggested to seek professional guidance throughout the application process to make sure that all requested information and paperwork is submitted successfully. Once an application is approved, the proprietor will acquire exclusive property rights on the trademark.

At Sciberras Advocates, we can assist in all services related to trademarking such as submitting applications and renewals, litigation, arbitration or negotiation of legal rights as well as TM portfolio planning and restructuring. More info here: https://sciberras.legal/practice-areas/malta-eu-trademarks/.

本文仅供参考，不应被视为法律建议。.

夏琳·西贝拉斯（Charlene Sciberras）女士撰写，文学士（荣誉学位），特约撰稿人，营销和工商管理专家，尤其专注于公司、会计和法律事务。.

Sciberras Advocates 由 Adrian Sciberras 博士创立，是一家总部位于马耳他的律师事务所。该事务所以其多学科、创新和灵活的特点而自豪，能够应对不断变化的时代以及本地和国际法律环境中的任何挑战。无论面临何种复杂私人或公司需求，Sciberras Advocates 都能提供切合实际且具有成本效益的法律解决方案，以实现您期望的结果。您可以通过电话联系 Sciberras Advocates： +35627795222或通过电子邮件发送至 [email protected].

在商业界，人们会发现“交易员”这个词。马耳他商法第4条对这一概念的定义是 “任何以其自身名义，以职业身份从事贸易行为的任何人，, 并包括任何商业合作”。.

如果一个人，无论是自然人还是商业合伙企业，符合商人的定义，那么作为商人，他们将承担特定的义务和责任，并享有若干权利。有趣的是，商业合伙企业只有在向马耳他商业注册局注册成为商人时，才会被视为商人。另一方面，自然人在以商人身份行事时，即被视为商人。.

个人进行《商法典》第5条和第6条所列的任何客观商业行为，必须以营利为目的。这些商业行为必须以惯常的方式进行，因为重复性是区分商人与偶尔进行商业行为的非商人的关键要素。这种重复的频率取决于所进行的商业行为的类型，更具体地说，取决于涉及的对象是动产还是不动产。.

在以自己的名义进行交易时，商人显然要承担由此产生的责任。然而，法律允许其他辅助商人的个人协助商人。这些人，即代理人，代表商人（即委托人）从事交易行为，但他们本身不被视为商人。.

最重要的是，这些贸易行为必须进行 ‘以职业而论’ – 也就是说，商人依靠他们来获得收入。由于法律没有规定其他情况，此类商业行为既可以公开也可以私下进行。在对某人是否是商人存在疑问的情况下，应由商事法院在审查指控某人不是商人的人提供的证据后决定。.

在 Sciberras Advocates，我们可以从法律和商业角度指导您设立个体户/自雇企业，为您提供在增值税和税务机关的必要注册，并据此为您提供指导。.

本文仅供参考，不应被视为法律建议。.

由马耳他大学法学学士（荣誉）在读生 Chantal Borg 女士撰写。.

Sciberras Advocates 由 Adrian Sciberras 博士创立，是一家总部位于马耳他的律师事务所。该事务所以其多学科、创新和灵活的特点而自豪，能够应对不断变化的时代以及本地和国际法律环境中的任何挑战。无论面临何种复杂私人或公司需求，Sciberras Advocates 都能提供切合实际且具有成本效益的法律解决方案，以实现您期望的结果。您可以通过电话联系 Sciberras Advocates： +35627795222或通过电子邮件发送至 [email protected].

Following an expression of the public interest for the use of Cannabis to be permitted in Malta, the current Government has moved forward with legalising, in a regulated manner, such use. Indeed, on the basis of the White Paper, introduced on the 30^思 of March 2021, an entire new legal reform has been introduced and put into effect as of the 14^思 of December 2021.

This legal reform speaks of associations which are essentially ‘non-profit organisations’ having as their aim the cultivation of cannabis to be dispersed among its members. Notably, legal persons and legal entities are prohibited from forming part of the organisation, be it as members, owners or leaders.

These organisations must be registered with, and permitted by, an Authority regulating the responsible use of cannabis – established by the same legal reform. They are to provide the authority with an activity report, as well as a report indicating its member count (keeping anonymity), with a three-month interval. This authority will regulate such organisations with respect to how much cannabis can be cultivated, the location in which it can be dried and the particulars relating to its transportation. Indeed, this Authority will oversee the quantity and quality which the organisations may distribute.

The association must not exceed five hundred members, and no one may be member to more than one organisation of this nature. Prohibited from forming part of these organisations are persons who have not attained the age of eighteen. Such persons may not be in the presence of any premises operated by such an organisation.

The regulations of concerning distribution entail that such organisation is limited to issuing a maximum of seven grams per member-per day, as long as the total of grams issued does not exceed fifty grams per-member per-month. More so, such organisation may distribute a maximum of twenty cannabis seeds per-member per-month. Essential to note is that at no point may the organisation have in its fund or possession more than five hundred grams of dried cannabis.

With regard to the premises in which the organisation operates, it must be of a distance which is not less than two-hundred-fifty meters from any school, club or youth centre. There must be no indication by any means (such as signs) to the organisation’s nature. The organisation must ensure that such premises do not cause any harassment to the locality in which it is situated, including loitering.

You can read more about this in our dedicated webpage: https://sciberras.legal/practice-areas/cannabis-law/. If interested in establishing such an organisation contact us at Sciberras Advocates for legal guidance and expertise.

本文仅供参考，不应被视为法律建议。.

由马耳他大学法学学士（荣誉）在读生 Chantal Borg 女士撰写。.

Sciberras Advocates 由 Adrian Sciberras 博士创立，是一家总部位于马耳他的律师事务所。该事务所以其多学科、创新和灵活的特点而自豪，能够应对不断变化的时代以及本地和国际法律环境中的任何挑战。无论面临何种复杂私人或公司需求，Sciberras Advocates 都能提供切合实际且具有成本效益的法律解决方案，以实现您期望的结果。您可以通过电话联系 Sciberras Advocates： +35627795222或通过电子邮件发送至 [email protected].