Trusts in Malta were based on the Offshore Trusts Act 1988 which was largely based on Jersey trust law, itself a common law implant stemming from English trust law. Trusts under this Act had to have non-resident settlor and beneficiaries, and trust assets could not include Maltese real estate. This legislation was amended by The Trusts and Trustees Act 2004, which became effective in January 2005.
Maltese trust law establishes the confidentiality of trust documents and dealings and the actions of the trustee. The Professional Secrecy Act 1994 imposes strict confidentiality rules on all professionals, officials and other individuals who receive privileged information in the course of their duties; the sanctions are heavy fines and imprisonment.
Key Features
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Malta International Trust |
Corporate Details |
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General |
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Offshore Trust |
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Follow English Trust law/As per Trust Deed |
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Malta Offshore Trusts Act 1988 |
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2 weeks |
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None |
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Yes |
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Yes |
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100 years |
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No |
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As per Trust Deed |
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Settlor |
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Should not be a resident of Malta |
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A trustee, a beneficiary or a protector of the trust. |
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Beneficiary |
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Should not be a resident of Malta |
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A trustee, a beneficiary or a protector of the trust. |
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Should not include immovable property situated in Malta |
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Malta Supreme Court |
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No |
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Trust asset |
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No, except property situated Malta |
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Trustee |
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1 if corporate and 2 or more if not corporate |
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No domestic trustee is required |
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Accounts |
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No |
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No |