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Trusts formation in Malta

Want to ensure that your assets securely reach the individuals, charities, and institutions you desire? Let us show you how Integritas can set up your trust oso you can be assured of your legacy.

What is a trust?

Trusts are accounts established for preserving finances and other assets for use by the designated beneficiary, be that an individual, group, or entity.

Trusts may be unilaterally declared, and Integritas can assist you establish a trust for a child’s education, a scholarship or award, or a charitable organisation.

Setting up a trust fund is a means of securing the welfare of people and organisations you care about, and our experts can assist you to be certain your funds reach your beneficiaries in the manner you desire.

Schedule an appointment with us to discuss which type of trusts would best fit your needs.

Malta Trust Registration Assistance and EU Recognition

The establishment and regulation of trusts in Malta are legitimized in keeping with Maltese national law.

The setting up of trusts in Malta is regulated by the Trusts and Trustees Act, Chapter 331 of the laws of Malta, which provides for the creation of trusts and authorisation and supervision of trustees.

The Malta Financial Services Authority ('MFSA') is the competent authority. The Trusts and Trustees Act incorporates within its provisions the Hague Convention on the Law Applicable to Trusts and on their Recognition, which Malta has ratified.

The Maltese Regulatory Environment

To ensure that your trust will be enacted exactly according to your needs, Integritas works in strict adherence to MFSA guidelines. The MFSA is responsible for the authorisation, regulation, and supervision of trustees in Malta.

The MFSA demands the highest standards of probity and honesty, and the professionals at Integritas are trained to satisfy the MFSA rigorous requirements.

Being an autonomous public authority constituted and regulated by the Malta Financial Services Authority Act (MFSA Act), the MFSA provides a seamless regulatory function for financial services and also houses the Registry of Companies.

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.
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 125th 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!

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