Practice Areas > Investment Services, Fintech & Capital Markets > Funds & Investment Services

Overview

Over the past years, the Maltese jurisdiction has become increasingly attractive to investment funds. In June 2019, the net asset value of Maltese domiciled funds equated to €14.73 billions. This represented a growth of five point four per cent (or €0.75 billion) when compared to end 2018.

Figures published by the Malta Financial Services Authority (MFSA) show that alternative investment funds had the largest share at 44.4% (or €6.57 billion) followed by professional investor funds at 33.7% (or almost €5 billion) and UCITS funds with a share of 19.8% (or €2.91 billion).

Legal Basis

The Investment Services Act and subsidiary legislation provides for the setting up of funds. Funds may be Maltese UCITS funds which are retail funds marketed to the general public and hence are bound by stringent rules relating to diversity of investments, liquidity and eligibility of assets. Professional Investor Funds on the other hand are targeted at investors that are experienced or that are very high net-worth. A more light touch regulation is adopted in relation to these latter funds.

All you need to know

Why Malta
Types of Funds - PIFs & UCITS
Licence Application & Costs
Taxation of Funds
Redomiciliation of Funds
Listing and Depositary
Management and Administration Services & Licensing
Alternative Investment Funds Managers Directive (AIFMD)

How we can assist.

Gonzi & Associates, Advocates is able to assist you with all aspects relating to the regulation and licensing of funds as well as of service providers to funds.

 

Here to help.

The Process

1

Preliminary Meeting

Our expert lawyers will invite you for a preliminary meeting during which you will be invited to provide an overview of your expected deliverables. Our lawyers will provide an initial overview of the applicable laws and instruct as to the appropriate steps going forward.
2

Engagement & Onboarding

Upon engagement, you will be invited to create your own custom Client Portal. This will help you keep track of our work for you.
3

Data Gathering

Our lawyers will gather data as appropriate on the basis of which a thorough review of your matter will be conducted.
4

Delivery

Our expert lawyers will conduct the matter and deliver any deliverables within agreed time frames. Throughout the whole process, you will have full visibility of all the work done through continuous updates and your own Client Portal.

Specialising
Lawyers

Managing Partner

Dr David Gonzi

David Gonzi is managing partner of Gonzi & Associates, Advocates and has more than thirteen years experience in the provision of legal advice in the fields of financial services, IT and gaming.

In particular, David has assisted various companies with acquiring Malta licenses for the provision of investment services, financial institutions, online forex/binary options, emoney, payment services, funds, collective investment schemes and remote and land-based gaming.

He has a Masters (MA) in Financial Services from the University of Malta, a Masters in IT and Telecoms Law (LLM) from the University College of London, a Doctorate of Law from the University of Malta and a Diploma in Taxation from the Malta Institute of Taxation.

Education

2013: Diploma in Taxation, Malta Institute of Taxation
2009: M.A. Financial Services, University of Malta
2003: LL.M (IT and Telecommunication Law), University College of London
2002: Doctor of Laws, University of Malta
2001: Diploma of Notary Public, University of Malta
1999: Bachelor of Arts in Legal and Humanistic Studies, University of Malta

Professional Experience

2002 to present: Founder and Partner at Gonzi & Associates, Advocates
2002 - 2005: Malta Communications Authority, Senior Legal Adviser

Professional Memberships

Chamber of Advocates, Malta
Institute of Financial Services Practitioners, Malta

Associate

Dr Sarah Demicoli

Sarah Demicoli joined the Firm as an Associate Lawyer in 2021. She graduated with a Doctor of Laws at the University of Malta in 2016. In 2017, she worked with the Department of Justice at the United States Embassy in Valletta where she contributed to training provided by the International Institute for Justice and the Rule of Law on counter-terrorism, juvenile justice and the rule of law to various legal and judicial professionals in Africa and Asia, gaining practical knowledge in that field. In 2019 she joined a localboutique regulatory advisor where she worked within corporate and regulatory advisory. In 2023 she obtained a Professional Award in Taxation awarded by the Malta Institute of Taxation. Sarah currently undertakes the civil and commercial litigation of the Firm, whilst also providing support to clients on employment law, competition law and corporate law.

Sarah is currently pursuing a master's degree in Financial Services at the University of Malta.

Education

2023: Award in Taxation, Malta Institute of Taxation
2017: Doctor of Laws, University of Malta
2016: Diploma of Notary Public, University of Malta
2014: Bachelor of Laws, University of Malta

Professional Experience

2021: Associate, Gonzi & Associates, Advocates
2019: Associate, Lecocqassociate
2017: Administrative Assistant, United States Embassy, Valletta

Professional Memberships

Chamber of Advocates (Malta)

Latest News

April 2, 2024 in Anti-Money Laundering

MFSA Guidance for MLROs in the Financial Services Sector

On 14 March 2024, the Malta Financial Services Authority (the "MFSA") published a guidance note entitled 'A Guidance for Money Laundering Reporting Officers in the Financial Sector' (the "Guidance") motivated…
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February 6, 2024 in Corporate & Tax, Fintech & Blockchain

‘DAC8’ and Crypto-Assets

On the 17th October 2023, the Council of the European Union adopted the DAC8– Council Directive amending Directive 2011/16/EU on Administrative Cooperation in the field of taxation. Such adoption of…
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December 19, 2023 in Funds & Investment Services

MFSA Launches Notified PIF Framework

On 18 December 2023, the Malta Financial Services Authority (MFSA) launched a new framework for Notified Professional Investor Funds following two separate public consultation exercises. The new framework is governed…
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