What is Best Execution?

The requirement of 'Best Execution' is one of the more ambiguous requirements imposed on investment services providers. Essentially, service providers are required to execute transactions on terms most favourable to their clients, but how does one determine this? The question is a complex one and there is no easy answer. In order to shed some light on the issue, we have uploaded a publication on our website www.ccmalta.com. You can find the publication by clicking on this link: Malta best execution requirements. The publication deals with various useful question such as the criteria to be considered when determining best execution and the entities to which the requirement applies.

I hope you find this publication useful. As always, feel free to get in touch if you have questions.

Dr Charles Cassar
Malta Financial Services Lawyer
Chetcuti Cauchi

FinanceMalta 'Insight' Magazine features our Forex article

FinanceMalta's 'Insight' Magazine has featured our article on the growth of the Maltese Forex industry: 'Forex businesses choose Malta as their domicile'. Here's an extract from the full article:

... well-run forex businesses are increasingly concerned with demonstrating and evidencing their reputability, especially in light of recent ESMA warnings against unregulated operations. Malta allows these businesses to obtain a licence in accordance with high European standards, which is bound to be an important boost as clients become increasingly aware of the importance of sound regulation. Secondly, the fact that the business is run in accordance with the European rule book can open up interesting opportunities for cross-border passporting of services, which can lead to significant cost savings.


As a firm we continue to see new engagements and interest in this area on a regular basis, and are confident  that the island can continue growing the sector in the future. Get in touch if you would like to learn more, or visit our dedicated forex page.


Dr Charles Cassar
Financial Services Lawyer
Chetcuti Cauchi, Malta

Private collective investment schemes in Malta

One structure that is not often discussed in Malta is that of the private collective investment scheme, colloquially referred to as the 'family and friends fund'. The reason for this likely is that, being unlicensed funds, these structures do not benefit from the same simple zero tax treatment as other Maltese funds. The structures also have a number of limitations as to number of investors, and relationship between the investors and the manager, for example. Nevertheless it is useful to be aware of this option. We've uploaded a publication on our website www.ccmalta.com where you can find more information on the structure.

Read more about Maltese private collective investment schemes here: link.

The contractual structuring options for Maltese funds

Malta has recently seen the introduction of legislation catering for the structuring of funds via contractual arrangements. This creates an interesting new option for the formation of fund vehicles with the formation of a separate and new legal entity, which may be useful in certain scenarios. We have uploaded a detailed publication addressing this new option on our website here: contractual funds under Maltese law. The publication discusses various relevant matters such as the question of legal personality, the formation process, and dissolution. This should be useful reading for anyone interested in knowing more about hedge fund structuring options in Malta.

Dr Charles Cassar
Financial Services Lawyer
Chetcuti Cauchi, Malta

RICCs - a new opportunity in the Maltese funds sector

The Companies Act (Recognised Incorporated Cell Companies) Regulations (“the Regulations”) (L.N. 119 of 2012), issued in the Government Gazette on 17th April 2012, have introduced a new legal structure, namely, the Recognised Incorporated Cell Company (RICC) as a possible alternative to the ICC SICAV. This is an important development that introduces new structuring options for the Maltese funds industry, and will likely improve ease of access to the jurisdiction for smaller players in the industry. We've put up an introduction to the topic - you can find it here

Dr Charles Cassar

Financial Services Lawyer

Chetcuti Cauchi, Malta

Insurance Managers in Malta: an Introduction

I've already had the opportunity of writing briefly about Malta's growing captives industry in a previous post. There's also plenty more information on the industry on our website practice page. However today we want to speak about a sector which is intimately related with, and in some sense a necessary prerequisite, to this growth: the insurance management sector. Insurance managers provide a variety of essential services to the industry and are particularly important in the context of captive business. Our website now features a handy publication that can serve as an introduction to the area. You can find the publication here.

Dr Charles Cassar
Financial Services Lawyer
Chetcuti Cauchi Advocates

What is a 'recognized jurisdiction'?

The term 'recognized jurisdictions' features quite broadly in the Maltese funds regulatory regime. The term may sound innocuous enough, but it has a number of important implications which need to be taken into account when structuring funds in Malta. We've just uploaded a detailed publication on our website analyzing the term in extensive detail. You can find the publication here. As usual, get in touch if you have questions about hedge funds in Malta, Maltese investment services set-ups, or any other aspect of Malta's financial services sector.

Dr Charles Cassar
Financial Services Lawyer
Chetcuti Cauchi Advocates