Trusts formation in Malta

Malta Trust Registration Assistance

The setting up of trusts in Malta is regulated by the Trusts and Trustees Act, Chapter 331 of the laws of Malta (hereinafter the ‘Act’). The Act provides for the creation of trusts and authorisation and supervision of trustees. In this regard, the Malta Financial Services Authority ('MFSA') is the competent authority for the purposes of the Act. The Act incorporates within its provisions the Hague Convention on the Law Applicable to Trusts and on their Recognition which Malta has ratified.

The professional team at Integritas may assist you in setting up your trust in Malta.

The Maltese Regulatory Environment

The MFSA is responsible for the authorisation, regulation and supervision of trustees in Malta. The MFSA also licenses, regulates and supervises banking and financial institutions, and investment services business.

The MFSA requires the highest standards of probity and honesty. Every licence is issued subject to standard conditions which may be adapted to suit certain circumstances so long as standards are not compromised.

The MFSA is an autonomous public authority constituted and regulated by the Malta Financial Services Authority Act (MFSA Act). The MFSA aims to provide a seamless regulatory function for financial services and also houses the Registry of Companies.

Definition of Trusts

A trust is an obligation which binds a person or persons (called the ‘trustees’) to deal with property over which they have control (called ‘the trust property’) for the benefit of persons (called the beneficiaries) or for a charitable purpose in accordance with the terms of the trust.

Creation of Trusts in Malta

A trust can come into existence in any manner. A trust may come into existence by an instrument in writing including by a Will. A unilateral declaration of trust is also possible. A unilateral declaration of trust is a declaration in writing made by a trustee stating that it is the trustee of a trust, containing all terms of the trust as well as the names or information enabling the identification of all beneficiaries.

A trust may also come into existence by oral declaration, with the exception of a unit trust which must be created by a written instrument. Also in the case of an inter vivos trust, the trust must be created by notarial trust deed. A trust may also come into existence by operation of law or by a judicial decision.

Where assets are held, acquired or received by a person for another on the basis of oral arrangements of a fiduciary nature, express or implied, there shall be presumed to be mandate or a deposit rather than a trust, unless there is evidence of the intention to create an oral trust.

A trust may continue until the 100th anniversary of the date on which it came into existence, and, unless sooner terminated, shall terminate. This limit does not apply to a trust for a charitable purpose or to a unit trust.

Contact us today at Integritas for more detailed information!

114/3 The Strand, Gzira, Malta | Tel.: [+356] 2385 0611 | Fax.: [+356] 21 334405 | Email:

Integritas Group Ltd is authorised by the MFSA under the Trusts & Trustees Act