Besides providing advice on Art Law, this practice group is geared to provide assistance related to pleasure and commercial yacht registrations, as well as, aircraft licensing under the Malta flag. Our lawyers offer all-round assistance to clients wishing to undertake this process. Ranking as the first tier for Yachting in Chambers and Partners, the firm holds strong ties with surveyors, yacht management companies, financial institutions, insurance companies and banks which allow it to provide a one stop-shop service from Malta.
Chetcuti Cauchi is also on the very forefront in Art & Cultural Property Law in Malta. Zealous and creative about cultural property and the arts, the main aim of this specialised practice group is to provide the creative market with practical advice in ‘a one-stop-shop’ fusion of services.
Malta: A bright past and a brighter future
While offering a range of services and facilities to the marine industry which has been flourishing for the last four decades, spanning from a long maritime tradition, Malta has established itself as a leading maritime centre. Moreover, Malta is considered to be the largest ship register in the EU and the sixth largest in the word due to its reputation of an experienced, reliable and efficient maritime jurisdiction. With regards to aviation, Malta is certainly no stranger to the world of flight. Malta, as an island, relies on the aviation industry for its significant and lucrative tourism industry, as well as for exporting and importing and the daily transfer of passengers. Thereby, the country has embarked on a new and ambitious project to establish one of the largest aircraft registers globally.
Yachting in Malta
The Yachting Industry in Malta has two key facets: pleasure yachts and commercial yachts. Pleasure yachts are usually used as part of a business activity which has fiscal advantages for Malta shipping organisations. In Malta, apart from a brisk registration process, it offers a favourable regime for vat minimisation, potentially down to 5.4%, through a leasing setup. Moreover, Malta offers several yacht marinas as well, which are scattered all over the Maltese Islands, including facilities for super yachts. Facilities such as fuel bunkering, technical services for repairs and services, as well as access to luxury on-site facilities and immediate access to other off-site facilities are all readily available for yachtsmen.
Our Malta Yachting Team
Due to its long-standing experience in the Shipping and Yachting industry, Chetcuti Cauchi assists and represents individual or corporate clients throughout different stages of vessel ownership. This includes:
• vessel sale and purchase
• chartering and leasing agreements
• setting up for VAT Yacht Leasing Structures
• marine mortgages, or other forms of securities
• discharge of mortgages
• ship owning and ship management companies
• registration of a vessel
• bareboat charter registrations
• tax advice.
Chetcuti Cauchi stands as the maritime law firm of choice for banks, other financial institutions and ship-owners seeking the most effective and advantageous financing, owing to the strong links with all sectors of shipping and maritime law. We have a number of specialised lawyers, accountants and tax consultants who have established themselves well in all maritime-related fields of law, including ship finance, litigation and admiralty.
Aviation in Malta
Chetcuti Cauchi's specialised aviation industry team consists of a multi-disciplinary team of legal advisors, accountants and tax specialists that are drawn from our transport, corporate and tax practices, who have an unparalleled span and depth of knowledge in the transportation industries. Besides the legal and regulatory aspects of this industry, our consultants provide results-driven, practical council to our aviation clients on some of their most elaborate and unique transactions, and help them address some of their most challenging business issues.
Our Aviation Team assists our aviation client portfolio in their setting up and guides them to obtain the relevant licenses and operate under a Malta regulated regime. We work alongside out promoters, in-house legal and financial consultants, executives and other officers to ensure that an optimal solution is found for the client. Our Tax Team also assists in formulating the most suitable, tax friendly structure for each specific case.
Chetcuti Cauchi’s expertise and familiarity with the peculiarities of the aviation industry, complemented by our comprehensive understanding of regulatory processes has placed us as the firm of choice for clients seeking a consolidated solution provider in Malta.
Our team vaunts a wealth of experience in this enticing and flourishing field of law by providing services which include:
• the registration of aircraft in Malta
• insurance solutions and procurement
• aircraft chartering and leasing advisory services
• negotiating and drafting of aviation-related service agreements, maintenance and repair agreements
• legal advice on Bilateral Air Service Agreements and conditions of Carriage and Regulations of airlines.
All of the above, coupled with the work provided by other practice groups within the firm, guarantees that clients in the tourism sector, transport maintenance, logistics, and aviation service providers can make efficient and effective use of our range of services in this sector.
Art Law in Malta
Malta has a very rich artistic and cultural patrimony. Some of them are so grand that they are deemed to be the common heritage of mankind. The Maltese cultural landscape has been moulded by several millennia of human activity, the evidence of which can be found not only in museums but also closer to home in different little towns and villages. Passionate and innovate in all legal matters of cultural property and the arts, our Art Law team provides 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 services include:
• 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 on art and artefacts
• Intellectual property planning
• Insurance planning
• Provenance, title and ownership issues
• Tax planning and wills
• Trusts and estate planning.