Art & Cultural Property

Industry

Our Art & Cultural Property lawyers counsel on Art & Cultural Property matters in Malta, including IP Law, Contract Law, estate & succession planning.

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Summary

The concept of Art & Cultural property is often very narrowly construed. Many times, it is merely linked to museums, art and archaeological sites. However, Malta boasts a much more extensive legacy and this patrimony is usually found very close to home, in the same villages and towns which make up our abode. Our cultural landscape has been moulded by seven millennia of human activity. Many times, various aspects have conditioned Maltese culture and identity, including geological features, topography and the intricate resources of the land. This can be witnessed by various prehistoric unique temples; public structures adorned splendid works of art and remains by the Phoenician, Roman and Byzantine empires. Thereafter, modern Maltese architectural has been highly affected by the arrival of the knights of St John, and the lifting of the Great Siege of 1565, with baroque Malta seeing the building of fortifications, palaces, churches and private buildings in small cities and towns. All this, coupled to the work of renowned artist such has Caravaggio, Mattia Preti and Lorenzo Gafa has created a unique and authentic Maltese aesthetic that today defines most of our cultural property and assets. The modern era was then also further complemented with British styles and initiatives that took place during the 200 hundred when Malta was part of the British empire. Throughout all these years, Malta has woven a beautiful tapestry of Art & Cultural Property which bears witness to the island's rich history and heritage.

key contacts

mcc@ccmalta.com +356 2205 6112

Dr. Maria Chetcuti Cauchi

Managing Partner

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The Maltese Art & Cultural Property Industry

Malta’s cultural heritage primarily falls under the Cultural Heritage Act 2002. Prior to the promulgation of this Act, the local cultural heritage area was protected by the Antiquities Act of 1925. There are also other current national rules and regulations related to the conservation and protection of our cultural property. One should also keep in mind that several other characteristics of Malta’s cultural property are broadly recognized as public heritage of mankind, hence falling within the protection of international heritage systems and legislations.

The Cultural Heritage Act 2002 defines ‘cultural heritage’ as “movable and immovable objects of artistic, architectural, historical, archaeological, ethnographic, palaentological and geological importance and includes information or data relative to cultural heritage pertaining to Malta or to any other country. This includes archaeological, palaeontological or geological sites and deposits, landscapes, groups of buildings, as well as scientific collections, collections of art objects, manuscripts, books, published material, archives, audio-visual material and reproductions of any of the preceding, or collections of historical value, as well as intangible cultural assets comprising arts, traditions, customs and skills employed in the performing arts, in applied arts and in crafts and other intangible assets which have a historical, artistic or ethnographic value.

The main authority covering this areas is the Superintendence of Cultural Heritage whose mission is to fulfil the duties of the State in ensuring the protection and accessibility of Malta’s cultural heritage. The Authority acts under the general provision of the Cultural Heritage Act and as part of its remit, it issues policies and guidelines to cover this area.

Our Malta Art & Cultural Property Team

Enthusiastic and inspired about Art & Cultural property the main aim behind our Art & Cultural property team is to provide the artistic and creative industry with practical, legal advice and assistance. Our main expert areas in this regard include intellectual property law; contract law; estate and succession planning; dealing with counterfeit goods and litigation /resolution of disputes.

Our Art & Cultural Property services include advice related to:

acquisitions, disposals and loans of art and artefacts
agency and partnership agreements
charities and foundations
contract drafting and negotiation
copyright, moral rights and related rights
dispute resolution especially in cases of defective titles & provenance
import/export or art and artefacts
intellectual property planning
insurance planning
provenance, title and ownership issues
tax planning and wills
trusts and estate planning

Our Art & Cultural Property Products

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Our Art & Cultural Property Services

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Chetcuti Cauchi has embraced a flexible and modern approach to hybrid working. Rather than prescribe a set number of office days, the firm empowers employees to exercise their judgement in how they manage their working schedule. So long as underlying principles of providing an excellent client service and a collaborative team environment are met, employees have a great degree of freedom in how, and where, they work.

Chetcuti Cauchi is a firm with very educated and knowledgeable lawyers and advisors.

Chetcuti Cauchi Advocates boasts an incredibly diverse and talented team. Everyone brings skills, knowledge and experience to the table, creating a dynamic and collaborative environment.

I have had the pleasure of having Chetcuti Cauchi as my lawyers for my Maltese Citizenship application and also for property acquisition in Malta. I am extremely satisfied with their professionalism and attention to detail at all times making them, in my experience, one of the best law firms I have ever dealt with anywhere. I am truly honoured to be their client and shall continue to remain so.

Dr Natasha Cachia’s experience in Financial services in Malta were invaluable to Porterpays team as we establish our business here in Malta. They have worked in a professional manner and were constantly supportive and open to understand new innovative ways in payments and provided us with a stellar advice.

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Antoine is very professional and knows his field of expertise very well.

Dr. Chetcuti has always shown great wisdom and knowledge. He’s remarkably courteous and client-oriented.

Chetcuti Cauchi Advocates offers great ability and strength in handling and resolving difficult and complex matters.

I approached Chetcuti Cauchi with the objective of establishing a company in order to provide public health information management services to collaborators throughout the European Union.From my first interaction with them through phone discussions and emails to ongoing communications and a visit to their offices in Valletta, I have been extremely pleased with their professionalism, competence, and timeliness.They have been very attentive to the specific needs of my company’s collaborations and have provided much-valued guidance and support both in establishing the company and in its ongoing operations.Iam very satisfied with the work so far, and look forward to more successful interactions in the future.

Chetcuti Cauchi has been doing many different aspects of IP work for us for several years, and I have always been more than satisfied with their work. All the people at the firm with whome I have been in contact have been very professional, efficient and quick in their efforts to assist us. Dr Maria Chetcuti Cauchi has always kept me well informed about every angel of the matters we have dealt with, extremely professional and I fully trust her advice and suggestions. Another thing which I have appreciated is her swift way of replying to our requests.I can highly recommend the firm Chetcuti Cauchi to anybody who needs IP advice on Malta.

Not only do Chetcuti Cauchi have experience, they’re academically proficient as well. They offer a wide variety of different expertise.

Jean-Philippe was a key advisor to me on the general European and in particular Maltese related tax, legal, accounting and secretarial aspects of a rather complex corporate group structure. We were operating in an extremely dynamic situation, and I was most grateful for his patience and understanding when we had to scrap the last idea and start all over again. He is highly professional, responsive and is excellent at finding practical solutions to difficult situations, whatever the time of day or night. He also has an excellent relationship with his team, and the service provided by his firm is intelligent, joined up and seamless. He is good humoured and imminently likeable and I look forward to working with him again in the future.

I highly recommend the services of Chetcuti Cauchi. They assisted me as my appointed Resident Agent with the MDIA, they fully understood my requirements and also have a great reputation as a top law firm in Malta, making them an ideal chioce. They delivered my project on scedule, which had a tight deadline.

The professionalism and international collaboration of Chetcuti Cauchi’s team are a testament to their cohesive corporate culture. They are prompt in communication and consistently reliable, always delivering on their promises and never committing to tasks they cannot fulfil. This dependability gives us great peace of mind at the start of every project. In particular, we have been working with Magdalena Velkovska and Antoine Saliba Haig, who have been pivotal in building our trust in CC.

Chetcuti Cauchi Advocates is a very strong team with a great understanding of complex matters. They enjoy a profound knowledge and expertise.

My wife and I have an association with Chetcuti Cauchi since 2009. They assisted us with our original residence permit applications for Malta and since then have taken care of our annual income tax submissions and PR sticker / E-residence card renewals. They always handle our matters very efficiently and professionally. The consultants that work with us are friendly, helpful and very competent. They are familiar with the regulations and procedures in the related government departments, and this makes the process run extremely smoothly for us. We are very satisfied with the service we received from Chetcuti Cauchi and will continue to maintain our relationship with them in future. We can highly recommend them for any of the services that they offer.