Trusts and Foundations
Maltese trusts and foundations offer a useful, cost-effective and practical solution to various wealth management and commercial issues. The flexibility, security and confidentiality of the Maltese trust and private foundation, its attractive and flexible legislative and regulatory framework, Malta’s membership of the European Union, as well as Malta’s lower set-up and management costs, are all proving attractive to both corporate entities and individuals alike looking for ideal vehicles for financial planning in a reputable jurisdiction.
Property settled on trust constitutes a segregated fund that is separate and distinct, both from the patrimony of the trustee and from other property held by the same trustee under any other trust. Maltese law permits the holding of any property on trust for any person in relation to both private purposes and commercial transactions amongst which asset protection, estate planning, securities offering, granting of real or personal security interests, securitization and collective investment schemes.
Under Maltese law, foundations can be set up either for the fulfilment of a specifies purpose (‘purpose foundations’). Whilst as a general rule foundations cannot be set up for a commercial scope, foundations may be the passive owner of commercial property or a shareholding in a profit-making enterprise, a franchise, a trademark or an income-producing asset, as well as a ship. Foundations may operate as a collective investment vehicle and issue units to investors therein for the passice holding of a common pool of assets as well as used as a vehicle for securitization purposes.
- Advising the client on which vehicle is best suited to address the client’s needs;
- Assisting with the setting up the Trusts and Foundations;
- Drafting Trust/Foundation Deed;
- General advice on the legal and fiscal effects of setting up a Trust or Foundation;
- Ongoing legal advice and assistance.