Trusts & Foundations

Trusts in Malta are regulated by the Trusts and Trustees Act (TTA) which provides for the creation of trusts and authorisation and supervision of trustees. The Act incorporates within its provisions the Hague Convention on the Law Applicable to Trusts and on their Recognition, which Malta has ratified.

Under the Maltese regulatory system a trust can come into existence by means of a written instrument including a will or a unilateral declaration and also by means of an oral declaration, barring some exceptions. In the case of an inter vivos trust a notarial trust deed is necessary.

The Maltese regime provides for three main types of trusts, being:

• Express Trusts: which are clearly and openly declared by the settlor.
• Implied Trusts: which arise out of the unexpressed but presumed intention of the settlor. The intention is presumed from his words or actions.
• Constructive Trusts: arise by operation of law and are in no way dependent on the intention of the settlor.

Persons may carry on the activities as trustees either in a professional or in a private capacity. Such person, whether an individual resident or operating in Malta, or a corporate trustee, registered or operating in Malta, who receives property upon trust or accepts to act as a trustee or co-trustee of a trust and who:

• receives or is entitled to remuneration for so acting, or
• does so on a regular and habitual basis, or
• holds himself out to be a trustee;

shall require authorisation in accordance with the TTA, irrespective of the proper law of the trusts they hold and whether or not at all or part of the trust property is in Malta.
Authorisation, whether general or restricted to particular specified activities, may be granted to any person, whether an individual or a company, following an application in writing to the Authority. Applications for authorisation shall be made in the form and manner required by the Malta Financial Services Authority.

Re-Domiciliation

Re-domiciliation of trustee companies is also allowed in accordance with the Continuation of Companies Regulations. Therefore, in effect it is possible for foreign trustee companies to relocate to Malta and effectively to continue their operations from Malta without having to wind up their operations in the original country as long as such foreign companies are established in an approved jurisdiction.