Commercial Law in Malta

Commercial Law 720X242

Commercial lawyers at Chetcuti Cauchi pride themselves on the law firm's depth of its expertise in all areas of corporate and commercial law practice.  Chetcuti Cauchi’s commercial awareness and understanding of the specific business needs of a company's management, investors, entrepreneurs and employees, positions the law firm as a top Malta commercial law firm. 

Our Malta Commercial Law Practice Group provides commercial law advice that transcends traditional corporate and commercial matters.  Our commercial lawyers work closely with other advisors in the firm and specialise in identifying and resolving legal issues and providing practical solutions for scenarios involving tax aspects, intellectual property and franchising, employment law, secured transactions, corporate immigration, corporate finance and banking, real estate and leasing, environmental law, international trade, securities law and personal asset management. 

We also provide company secretarial and corporate compliance services for private and public companies, setting up of brick-and-mortar or online business operations, formation of local and international companies, corporate finance, group restructuring, liquidations and commercial litigation. 

Legal Basis for Malta Commercial Law

The Commercial Code, Chapter 13 of the laws of Malta, is the principal legislation regulating commercial law in Malta. The Commercial Code focuses on traders and acts of trade and establishes a hierarchy of different sources of commercial law. The commercial code stipulates that when the code itself remains silent, the usages of trade apply, and where no such usages exist that the civil law applies. Thus, Maltese legislation grants a lot of importance to the realities of the business world. As a matter of fact, the code addresses a variety of important business issues, such as agency and management arrangements, trade books, bills of exchange, duties of traders and bankruptcy. 

Contract Law 

Contract law plays an integral part of any commercial activity as it regulates the various commercial contracts businesses enter into. Such contracts can be of different characters, covering a large spectrum of topics, including sale and purchase of goods, services, or property, the terms and conditions of employment, and the settlement of a dispute. In order to ensure that all contracts which you enter into are easily enforceable and leave no room for ambiguity, seeking legal guidance when drafting contracts is highly advisable. Our lawyers have a wealth of experience in drafting clear, univocal contracts which directly address the goals which the client intends to reach through the contract. 

In order to ensure that any contracts entered into fully respect the rights and contractual goals of the client, our lawyers familiarise themselves well with the client's industries and areas of commercial activity. This allows them to predict the practical applications and implications at the various stages of applicability of a contract, including formation, legalisation and termination of contracts. Additionally, we manage the relationship between the contracting parties and clarify the provisions of the contract as well as the nature of obligation, breach of contract, causation and remoteness of damage. 

Dispute Resolution 

Our lawyers have an extensive breadth of experience in dealing with any disputes which arise during the operational periods of businesses and companies. Our Dispute Resolution practice tackles disputes which arise in various facets of the law, including civil, commercial and corporate law. From the onset, our lawyers aim to resolve disputes amicably through alternative dispute resolution methods such as mediation or arbitration. If the aforementioned methods prove to be unsuccessful, our lawyers will assist you thorough the litigation process in an optimal substantive and procedural manner. Our Dispute Resolution lawyers are also highly seasoned in tackling debt recovery, counterfeit goods and maritime disputes. 

Employment & Labour Law 

Business owners, employers and employees can benefit from our Employment & Labour Lawyers’ vast expertise when it comes to Employment & Labour Law matters such as issues pertaining to relationships between workers, employers, trade unions and the government. Our lawyers are skilled in identifying, managing and reducing business risk in the sectors of labour issues, Human Resources and health & safety. Our services include drafting and negotiating employment agreements, helping the company set up useful policies and assisting clients with the attainment of work permits (particularly through our Corporate Immigration PG), among others. 

Trade Law 

Through our Trade Law practice, our professionals are fully geared to help clients obtain various trading licences in order to conduct business in a fully compliant, legal manner. We can assist clients with the fulfilment of any special requisites in order to obtain particular trading licences in Malta as well. 

Our Commercial Law Practice 

Commercial activity encompasses a wide range of legal issues. Contracts, verbal agreements, trading arrangements, international transactions, and the delivery of goods and provision of services are all matters that have significant legal implications. Thus, businesses know that seeking sound legal advice is essential in order to be able to mitigate business risks, comply with relevant legislation, and thrive. At Chetcuti Cauchi, we understand that our clients need effective, commercially savvy legal advice and we are ready to offer our wealth of expertise to help them attain their business goals in a timely and cost-effective manner. 

Our Commercial lawyers strive to provide our clients with the best possible advice to suit their needs, even during challenging times. The firm advises an array of businesses, be it sole traders, partnerships or limited liability companies on various commercial matters. Our specialist knowledge of the sector and its issues enables our lawyers to provide results driven commercial advice to businesses and firms alike on traditional or modern commercial law concepts. 

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Key Contacts

Dr Charlene Mifsud

Partner, Corporate & Commercial

+356 2205 6298