Legal issues Malta

Preliminary Preparation

Minimum Age: Individuals over the age of 18 can marry independently. Individuals aged 16 to 18 must obtain written consent from parents or legal guardians.

No Residency Requirement: Malta has no minimum residency duration requirement for marriage, making it attractive for foreign couples.

Marriage Registration Application

Form RZ1: Request for publication of marriage banns is completed and signed by both applicants.

Form RZ2: Declaration under Article 7(5) of the Marriage Act (Cap. 16) is signed by each applicant in the presence of a notary, lawyer, or commissioner for oaths.

Submission Deadline: The application must be submitted no earlier than 3 months and no later than 6 weeks before the intended wedding date.

Required Documents

Birth Certificates: Originals or certified copies, apostilled or legalized if issued outside the EU.

Passports: Valid passports of both applicants.

Certificates of No Impediment: Documents proving that the applicants are not married.

Previous Marriage Documents: If previously married, a divorce certificate or death certificate of the previous spouse is required.

Witness Documents: Copies of ID cards of two witnesses indicating their current address.

Registration Process:

- Submission of Documents: Applicants must personally submit all necessary documents to the Marriage Registration Office in Valletta or Gozo.

- Publication of Banns: After application submission, marriage banns will be published on the notice board of the civil status registry for at least eight days.

- Receiving Documents Before the Ceremony: 10 days before the wedding, the couple receives two copies of the Marriage Act and the Certificate of Banns, which must be provided to the officiant conducting the ceremony.

Ceremony

Venue: The marriage can be conducted at the civil status registry, a church, or any other venue approved by the registrar.

Witness Presence: The presence of two witnesses over the age of 18 is mandatory.

Signing Documents: After the ceremony, the Marriage Act is signed by the spouses, witnesses, and the officiant.

Marriage Registration

Document Submission: The officiant must submit the signed Marriage Act to the civil status registry for official registration.

Receiving a Marriage Certificate: After registration, the couple can obtain the official marriage certificate.

Additional Information

Language of Ceremony: The ceremony can be conducted in English or Maltese.

Same-Sex Marriages: Since 2014, civil unions for same-sex couples have been legalized in Malta, granting the same rights and obligations as traditional marriages.

Marriages on Board a Ship: It is possible to marry on board a passenger ship registered in Malta. In such cases, it is recommended to contact the civil status registry in advance for detailed information.

It is advisable to contact the local civil status registry in advance for up-to-date information and consultations.

Registration Deadlines:

Within 15 days: A child's birth must be registered within 15 days of birth.

Place of Registration:

Public Registry Offices: Registration can be done at the following locations:

Valletta: Evans Building, Merchants Street, Valletta VLT 2000.

Gozo: By the Bastion Road, Victoria, Gozo.

Office at Mater Dei Hospital.

Required Documents:

Medical Birth Certificate: Original issued and signed by the doctor or midwife who attended the birth.

Parents' Identity Documents: Valid passports or identity cards of both parents.

Parents' Marriage Certificate: If the parents are married, a marriage certificate is required.

Registration Process:

Personal Presence: One of the parents or an authorized representative must personally visit one of the Public Registry offices to submit the documents.

Filling out forms: On-site, it is necessary to fill out the appropriate forms for birth registration.

Payment of fee: A government fee of €2.60 is charged for registration.

Obtaining a birth certificate:

After processing the documents, once the registration process is completed, a Maltese-style birth certificate is issued.

Additional copies: If needed, additional copies of the birth certificate can be requested for an additional fee.

Registration at the consulate:

For citizens of other countries: If one or both parents are citizens of another country, it is recommended to also register the child's birth at the relevant consulate to obtain a birth certificate of the native country and arrange citizenship for the child.

Important notes: Failure to comply with the established registration deadlines may lead to fines or complications in obtaining the birth certificate.

1. Choosing a legal form

Sole proprietorship: Business owned by one person, who bears full responsibility for obligations.

Partnership: A union of two or more individuals for joint business conduct. It can be with limited or unlimited liability.

Limited Liability Company: The most popular form, limiting participant liability to the size of their contributions. Can be private or public.

2. Choosing a company name:

The name must be unique and not match already registered names.

It is recommended to check the availability of the name in the Malta Business Register.

3. Preparation of founding documents:

Memorandum of Association: Contains basic information about the company, including objectives, legal address, details of directors and shareholders.

Articles of Association: Defines the internal rules and management procedures of the company.

4. Company registration:

Document submission: Submit completed forms, founding documents, and confirmation of payment of share capital to the Malta Business Register.

Government fee: The fee amount depends on the share capital and the method of document submission (online or in person).

Registration time: The process usually takes from 5 to 10 working days.

5. Opening a bank account:

Required documents:

Company founding documents: Registration certificate, articles of association, and memorandum.

Information about shareholders and directors: Passports, address proofs, and resumes.

Business plan: Description of company activities and financial forecasts.

Confirmation of the legality of funds: Documents confirming the source of capital.

Process features:

Due Diligence: Banks conduct thorough checks of clients within the framework of anti-money laundering legislation. If discrepancies are found, the bank may refuse to open an account without explanation.

Account opening time: The process can take from a few days to several weeks depending on the bank and the completeness of the documents provided.

6. Obtaining licenses and permits:

Depending on the type of activity, obtaining special licenses may be required.

7. Tax registration:

Register with the Maltese tax authorities to obtain a tax number and, if necessary, a VAT payer number.

8. Employee registration:

If planning to hire employees, register the company with the Social Security Department to pay social contributions.

9. Regulatory compliance:

Ensure that company activities comply with local laws and regulations, including submitting annual reports and financial statements.

It is recommended to seek professional advisors for detailed information and assistance with the registration process.

Availability of notarial services

Qualified notaries: Malta has a significant number of licensed notaries, many of whom are fluent in English, facilitating the process for foreign clients.

Commissioners for Oaths: Besides notaries, Commissioners for Oaths are authorized to certify documents and take oaths, which may be useful for certain legal procedures.

Process of Obtaining Notarial Services

Appointment Booking: It is recommended to schedule an appointment with a notary in advance, especially if complex documents or translations are required.

Required Documents: When visiting a notary, foreign nationals should have a valid passport or identification card with them. Depending on the service, additional documents may be needed, such as birth certificates, marriage certificates, or documents proving ownership rights.

Document Translation: If the original documents are in a language other than English or Maltese, a translation certified by a licensed translator may be required.

Specific Services for Foreigners

Real Estate Purchase: Foreign nationals purchasing real estate in Malta should consider certain conditions depending on their citizenship and the type of property being purchased. The notary provides consultations on these matters and ensures compliance with all legal requirements.

Certification of Copies and Signatures: Notaries in Malta can certify copies of documents and signatures, which is often required for submitting documents to official bodies or for international transactions.

Legalization and Apostille

Apostille: Malta is a party to the 1961 Hague Convention, so documents issued in Malta intended for use abroad can be verified with an apostille.

Consular Legalization: In cases where the destination country is not a party to the Hague Convention, consular legalization of documents may be required.

Conditions for Filing for Divorce

Minimum Period of Separation: Spouses must have lived separately for at least four years out of the last five years before filing for divorce.

Lack of Prospects for Reconciliation: The court must be convinced that there are no reasonable grounds for reconciliation between the spouses.

Divorce Application Process

Filing with the Family Court: A divorce application is filed with the Family Court of Malta.

Mediation: Before the court proceedings begin, spouses are required to undergo mediation to reach a mutually acceptable agreement.

Required Documents

Identification Documents: Passports or identification cards of both spouses.

Documents Proving Separation: Separation agreement or court ruling on legal separation.

Court Proceedings

Case Review: The court assesses the evidence presented, including the duration of separation and the lack of prospects for reconciliation.

Court Decision: Upon satisfying all conditions, the court issues a decision to dissolve the marriage.

Registration of Divorce

Recording in the Public Registry: After the court's decision on divorce, the information is entered into Malta's Public Registry, and the relevant changes are reflected in the civil status records.

Specifics for Foreign Nationals

Foreign Residents of Malta: Foreign nationals residing in Malta who have married on its territory may file for divorce in the Family Court of Malta.

Recognition of Divorce in Other Countries: After obtaining a divorce in Malta, it is advisable to notify the relevant authorities in the country of citizenship for recognition and registration of the divorce according to their legislation.

It is recommended to seek consultation from qualified lawyers specializing in family law to obtain detailed information and support throughout the divorce process.

Governmental Organizations

Agency for International Protection: Provides support to persons seeking asylum or temporary protection. Contacts: (+356) 2125 5257, frontoffice@ipa.gov.mt (for appointments), info.ipa@ipa.gov.mt (for general inquiries).

Private Legal Firms and Lawyers

They provide a wide range of legal services, including family law, immigration, citizenship, and labor law.

Online Legal Consultation Services

LiveExpert.org: A platform offering anonymous consultations with lawyers in an online chat without registration. Here, you can ask a legal professional a question 24/7.

Consulting professional lawyers in Malta will ensure qualified assistance and protection of your rights in various legal matters.

Requirements for document translation

Documents from European Union countries:

If a document is issued in a language other than English or Maltese and is accompanied by a multilingual standard form, it is accepted without additional translation.

If there is no multilingual form, a translation into English or Maltese is required.

Documents from third countries (non-EU):

Documents issued in a foreign language must be translated into English or Maltese.

The translation must be performed by an authorized translator and legalized or apostilled.

Authorized translators:

The Maltese Identity Agency provides a list of authorized translators whose services are recognized by official bodies.

Translations done by translators not on this list must be apostilled or legalized.

Legalization and apostille:

Documents from EU countries:

Translations performed in another EU country by a translator registered on the European e-Justice portal are accepted without additional legalization.

If the translator is not registered on this portal, the translation must be apostilled or legalized.

Documents from third countries:

All translations done outside Malta or the EU must be apostilled or fully legalized.

Translation and certification process:

Choosing a translator: It is recommended to contact translators from the list provided by Identità to simplify the recognition process of the translation.

Certification of translation: The translator confirms the accuracy of the translation with their signature and stamp. If notarial certification is required, the translator signs the translation in the presence of a notary, who certifies the authenticity of the signature.

It is recommended to clarify specific requirements in advance with the accepting organization or consult with professional translators and lawyers.

Malta's judicial system is a unique combination of elements from both civil (continental) and common (Anglo-Saxon) law, reflecting the country's rich history and its interaction with various legal traditions. After gaining independence, Malta retained traditional civil law norms in private law, while implementing modern elements of common law, especially in commercial legislation. Public and administrative law are mainly based on English law.

Structure of Malta's judicial system

Constitutional Court

The highest judicial authority responsible for addressing human rights violations and interpreting the Constitution. It also has the power to exercise judicial review and resolve disputes related to parliamentary elections and corruption practices.

Civil and Criminal Courts

Civil Court: Handles cases related to civil disputes, including family matters, contractual obligations, and property disputes.

Criminal Court: Handles serious criminal cases. A judge presides along with a jury of nine people.

Appellate Courts

Appeals Court: Reviews appeals against decisions made by the Civil Court and other lower courts.

Criminal Appeals Court: Reviews appeals against decisions of the Criminal Court.

Magistrates' Courts

Have initial jurisdiction in minor criminal and civil cases. Magistrates hear cases individually.

Understanding the structure and features of Malta's judicial system is important for effectively interacting with the country's legal system and protecting one's rights.

1. Obtaining permission for real estate acquisition

Mandatory permission: Foreign buyers who are not EU citizens or have not resided in Malta for more than five years are required to obtain permission for real estate acquisition from the Ministry of Finance of Malta.

Exceptions: Permission is not required when purchasing real estate in specially designated areas that offer more flexible conditions for foreign investors.

2. Minimum property value

Established thresholds: To obtain a permit, the acquired property must meet the minimum price requirements, which are periodically reviewed. For example, the minimum cost for apartments and maisonettes is €136,9 thousand, and for other types of property — €236,5 thousand.

3. Restrictions on property use

Personal residence: Property purchased with a permit can only be used for the personal residence of the buyer and cannot be rented or used for commercial purposes.

4. Purchase process

- Preliminary agreement: After selecting the property and agreeing on the terms, the parties sign a preliminary agreement that specifies all the details of the transaction. At this stage, the buyer usually makes a deposit of 10% of the property's cost.

- Legal inspection: A notary conducts a legal status inspection of the property, including checking for encumbrances, debts, and compliance of the title documents.

- Final agreement: After obtaining all necessary permits and completing the inspections, the parties sign the final sale agreement, and the buyer pays the remaining amount.

5. Taxes and fees

Stamp duty: The buyer pays stamp duty at a rate of 5% of the property's cost.

Notary expenses: The payment for notary services ranges from 0.25% to 1% of the property's cost.

Registration fees: Additional fees for registering the transaction can vary from 0% to 1% plus VAT.

6. Special designated zones

Benefits: In these zones, foreign buyers may acquire several properties without the need for a permit and have the right to rent them out.

Examples: Such zones include Portomaso Development, Tigne Point, and other prestigious areas.

It is recommended to consult professional lawyers and real estate agents specializing in the local market for qualified assistance and support at all stages of the transaction.

Adoption

Adoption process: Adoption in Malta is conducted through the court system. Prospective adoptive parents must apply to the court, which assesses their suitability and makes a decision in the best interest of the child.

Requirements for adoptive parents: Maltese legislation imposes certain requirements on adoptive parents, including a minimum age, stable financial status, and no criminal record.

International adoption: Malta is a party to the Hague Convention on Adoption, which ensures international cooperation and child protection rights in cases of adoption by foreign nationals.

Guardianship and custodianship

Appointment of a guardian: In cases where a child is left without parental care, the court may appoint a guardian responsible for the child's upbringing and welfare.

Duties of a guardian: The guardian must provide the child with everything necessary, including education, medical care, and rights protection.

Child rights protection

State agencies: Malta has specialized agencies responsible for child rights protection and monitoring compliance with legislation in the area of guardianship and adoption.

Legal support: Families considering adopting or arranging guardianship can consult lawyers specializing in family law for detailed information and process support.

It is important to note that legislation in this area may be updated, so it is advisable to refer to official sources or legal consultants for the most current information.