Tailor-made Legal Practice
based in Malta

Personal attention is one of our hallmarks.
You are not a number for us but someone we would like to
establish a relationship with.

About us

By choice, we are a small law office. This allows us to be responsive and efficient because we know that you would like to hear from us in the shortest time possible. We are approachable and not bureaucratic.

We believe in innovative thinking because we understand that legal issues can be addressed and resolved in a number of ways. We do not work with forms and templates but for us each project is different from the other. We want you to have a tailor-made solution rather than an off-the-shelf product.

Whether you are an individual client establishing a small company or a multinational forex broker, we promise the same level of dedication by our professionals. We believe in opportunities and in giving everyone the same treatment.

van Cutsem Wittamer Marnef & Partners​

Practices

News

We strive to bring you the latest updates relating to
developments in our practice areas.

The Beneficiaries in a Trust: Who is the Beneficiary?

There is no trust without a trustee. However, there is another essential party to the trust, without which the trust would be invalid: the beneficiary. The purpose behind creating a trust is to provide certain benefits to the beneficiary, that is,

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MiFID II suitability areas requiring improvement

The European Securities and Markets Authority (“ESMA”) published the results of the 2020 Common Supervisory Action (“CSA”) on MiFID II suitability requirements noting inter alia, that on the whole, firms do comply with the essential elemen

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The Duties of the Trustee

In analysing the duties of the trustee, it is fundamental to refer to article 21 of the Trusts and Trustees Act (Chapter 331 of the Laws of Malta) (the “TTA”) which lays down the fundamental duties of the trustee. Article 21(1) of the TTA refl

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A comparison between the MiCA Regualtion and the VFA Act

The scope of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta (“VFA Act”), is largely aligned with the Regulation of the European Parliament and of the Council on Markets in Crypto-Assets (“MiCA Regulation”), the latter a

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Updated Rulebook for Maltese Investment Firms

On the 5th August 2021, the Malta Financial Services Authority (“MFSA“) issued a Circular reminding relevant entities that the Investment Firms Regulation and Directive (the “IFRD Package“) came into force on the 26th June

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The Fiduciary Nature of the Trustee’s Obligations

As underlined in the Civil Code, Chapter 16 of the Laws of Malta, fiduciary obligations arise by virtue of law, contract, quasi-contract, unilateral declarations including wills, trusts, assumption of office or behaviour whenever a person (the “

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Changes to the Appendix 2B Fund Manager Return

On the 21st July 2021, the Malta Financial Services Authority (“MFSA”) issued a circular regarding the changes to Appendix 2B Fund Manager Return, triggered by the Investment Firms Regulation and Directive (“IFRD”). The purpose of the circ

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The Concept of Trust under Maltese Law

Although the English law concept of trust was already present in Malta since the late 1980s through the concept of ‘offshore trusts’, the first written legislation regulating domestic Maltese trusts came into force in 2004 through the enactmen

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Over the years, we have forged strong ties