Corporate

Understanding Corporate Law

Corporate law governs how companies are formed, financed, managed, and reorganised, and how they transact with shareholders, lenders, regulators, and third parties. In Malta, it is primarily regulated by the Companies Act (Cap. 386), which provides the legal framework for incorporation, share capital, directors’ duties, corporate governance, mergers, divisions, and dissolutions.

For international businesses,corporate law advice extends beyond compliance. It is a strategic tool for structuring investments, allocating risk, enabling financing, and facilitating acquisitions, restructurings, and cross-border growth.

Mergers & Acquisitions

As part of our corporate practice, we are geared towards assisting clients with their significant Merger & Acquisition transactions. Firstly, we carry out all necessary legal and financial due diligence processes in the early stages of the transaction in order to identify and solve any issues which may arise as early as possible. We offer our counsel to buyers, sellers and investment bankers in complex transactions which include mergers, sales, purchases of shares and assets, tender offerings, exchange offers and leveraged buy-outs.

Why Malta for Corporate Structures

Malta is frequently selected as a jurisdiction for corporate structuring and operations due to its legal certainty, EU alignment, and international reach, including:

• A comprehensive Companies Act aligned with EU company law directives
• Statutory frameworks for mergers, divisions, and cross-border reorganisations
• Extensive double taxation treaty coverage
• EU membership supporting freedom of establishment and capital movement
• A mature professional and regulatory ecosystem supporting corporate administration

Our Corporate Expertise

The Corporate Practice Group advises on a broad range of corporate and commercial matters, including:

• Entity formation and structuring, including Maltese holding, operating, and special purpose vehicles
• Mergers and acquisitions, covering share and asset acquisitions, divestments, and restructurings
• Corporate governance, directors’ duties, shareholder arrangements, and statutory compliance
• Corporate finance, including equity funding, shareholder agreements, and intra-group financing
• Banking and finance, including lending, security, collateral, and enforcement
• Ongoing corporate compliance, company secretarial support, and regulatory filings

Our Corporate Experience

The team regularly advises on corporate matters with domestic and international dimensions, including:

• Establishment and ongoing support of Maltese companies within international group structures
• Acting for buyers, sellers, and investors in M&A transactions involving Maltese entities
• Advising on group reorganisations, divisions, and post-transaction integration
• Supporting lenders and borrowers in secured and unsecured financing arrangements
• Advising directors and shareholders on governance, liability, and statutory obligations

Our Unique Approach to Corporate Advisory

Corporate advisory at Chetcuti Cauchi Advocates is delivered through a multidisciplinary and implementation-focused model. Corporate lawyers collaborate closely with tax, regulatory, private client, and fiduciary specialists to ensure that corporate structures and transactions are legally sound, commercially effective, and compliant across jurisdictions.

Advice is framed to support informed decision-making, with particular attention to governance, risk allocation, regulatory exposure, and long-term sustainability rather than short-term execution alone.

Our Corporate Credentials

The Corporate Practice Group forms part of a full-service law firm with decades of experience advising international businesses, investors, and families. Team members regularly advise on complex cross-border corporate matters and contribute to professional publications and industry discussions on corporate, commercial, and governance developments.

How Our Corporate Lawyers Can Help You

Our corporate lawyers advise clients on:

• Establishing and structuring Maltese companies and corporate groups
• Mergers, acquisitions, and corporate reorganisations
• Corporate governance, directors’ duties, and shareholder relations
• Financing transactions, banking arrangements, and security structures
• Statutory, regulatory, and corporate compliance obligations

Together with our fully-owned licensed corporate services and trust company, our entity management services include full Malta company formation, official company secretarial assistance, back office administration services, tax compliance, accounting and book-keeping services.