Valsen Corporate

Malta Offshore Trust

  • 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

    Malta International Trust

    Corporate Details

    General
    • Type of entity

    Offshore Trust
    • Type of law

    Follow English Trust law/As per Trust Deed
    • Legal Framework

    Malta  Offshore Trusts Act 1988
    • Our time to establish a Trust

    2 weeks
    • Taxation of trust assets

    None
    • Double Taxation Treaty access

    Yes
    • Change of Domicile permitted

    Yes
    • Duration

    100 years
    • Restriction on Investment of Trust asset

    No
    • Succession

    As per Trust Deed

    Settlor
    • Requirements

    Should not be a resident of Malta
    • Qualifications

    A trustee, a beneficiary or a protector of the trust.

    Beneficiary

    • Requirements

    Should not be a resident of Malta
    • Qualifications

    A trustee, a beneficiary or a protector of the trust.
    • Property

    Should not include immovable property situated in Malta
    • Jurisdiction

    Malta Supreme Court
    • Forced heirship applicable

    No

    Trust asset
    • Restriction on type/amount

    No, except property situated Malta

     Trustee   
    • Minimum number

    1 if corporate and 2 or more if not corporate
    • Qualification

    No domestic trustee is required

    Accounts
    • Requirement to file

    No
    • Publicly accessible

    No