Foundations

Malta enjoys a long history for foundations. Since 2007, Malta has an all-encompassing framework for foundations law with Act XIII of 2007 as the law regulating foundations in Malta complemented by the Voluntary Organisations Act of 2007.

Malta's Foundations Law

Malta's foundation law now deals comprehensively with the various aspects relevant to foundations. Step by step, the Maltese foundations' law directly tackles the various issues raised by foundations when used unconventionally Indeed, the 2007 legal revamp of Maltese foundation law in the context of an established tradition of foundations in Malta, has contributed to the success of Maltese foundations.

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.

Malta Foundations set up by Public Deed or Will

Under Malta foundations law, a Malta foundation can be set up either by means of a public deed or else through a last will published in Malta. The Malta foundation needs to have a name, which must conform to Maltese law and include a denomination that clearly indicates that the foundation is, in fact, a foundation. Moreover, the foundation needs to have an address in Malta where communications can be received and information requested about its activities.

Malta Foundations set up by Endowment

In setting up the Malta foundation, the founders also need to make an endowment of money or property worth at least one thousand and one hundred and sixty-four euro and sixty-nine cents (EUR 1,164.69) to the same foundation. This does not apply to the case of a foundation established exclusively for a social purpose or as non-profit making entity in which case the endowment is to amount to at least two hundred and thirty-two euro and ninety-four cents (EUR 232.94). When the property endowed is not cash or any other asset the value of which appears on the face of it, the administrators of the Malta foundation need to make a statement which states that in their considered opinion the property endowed upon or vested in the Malta foundation has a value of at least the amount required by the Maltese law as stated above. The assets settled as an endowment may be used by the Malta foundation when this is eventually set up, and in fact, there is no obligation to maintain such assets by way of minimum capital within the foundation.

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Our Foundations Law Practice

Our Malta foundations law team is heavily involved in the executive council of Malta branch of STEP (the Society of Trust & Estate Practitioners). Two of the firm’s partners serve as Branch Chairman and Technical Chair respectively since 2013. Our partners are also actively involved in the IFSP Council, Malta Institute of Taxation, Malta Institute of Accountants, FinanceMalta and the Chamber of Advocates. In the international tax and corporate services sector, we are members of the International Tax Planning Association, the International Fiscal Association and the European Family Business Network.

At Chetcuti Cauchi Advocates we are proud to have extensive experience in trusts and foundations, particularly in tax planning and in the setting up and management of Malta foundations and trusts as well. We provide escrow agency services in local or international private or commercial transactions.