Malta: Contracts and Commercial Law

The Malta Financial Services Authority has introduced significant amendments to its Investment Services Rules affecting firms offering contracts for difference and rolling spot forex contracts. These changes streamline authorisation requirements, align capital thresholds with EU frameworks, and recalibrate governance expectations while removing certain prescriptive obligations that have been superseded by broader European legislation.

Arts Council Malta is accepting applications for its Legal and Finance Grant, offering up to €3,000 to creative practitioners and organisations seeking professional legal and financial support. The scheme addresses critical needs in contract negotiation, intellectual property management, and financial sustainability for Malta's cultural and creative sectors.

Maltese legal practice employs three distinct instruments—legal letters, judicial letters, and sworn judicial letters under Article 166A—each serving different purposes and producing different legal effects. Understanding when to use each instrument requires careful assessment of the claim's nature, value, and whether formal court proceedings or executive enforcement is necessary. The choice between these tools can determine whether a creditor obtains an executive title without litigation or mus

The Maltese Court of Appeal has delivered a significant judgment addressing the scope of shipper liability under bills of lading, the interpretation of the term "Merchant" in shipping contracts...

The Malta Financial Services Authority has drawn attention to ESMA's 2025 Corporate Reporting Enforcement and Regulatory Activities Report, which outlines key enforcement priorities for listed companies' financial reporting. The report identifies common areas of supervisory focus across EU and EEA jurisdictions, emphasizing consistent application of IFRS standards and enhanced corporate reporting quality in European capital markets.

Malta has introduced the Youth Enterprise Regulations, creating a groundbreaking corporate framework that enables 16-17-year-olds to incorporate and operate limited liability companies. This novel structure combines entrepreneurial opportunity with mandatory mentorship, parental oversight, and regulatory safeguards designed to foster early-stage business skills while protecting young founders.

The Court of Justice of the European Union's landmark Wunner decision fundamentally reshapes director liability across the EU by permitting personal lawsuits against directors of companies operating cross-border, even when they hold valid licenses in their home jurisdiction. Can directors of Maltese companies still rely on separate legal personality protections when serving consumers across multiple Member States, or has the corporate veil been effectively pierced by this controversial judgment?

In P.L. u ………… Limited (C …….) v. Ir-Reġistratur tal-Kumpaniji, decided by the Court of Appeal (His Hon. Chief Justice Mark Chetcuti, Mr. Justice Christian Falzon Scerri, Madam Justice Josette Demicoli) on 25 November 2025, the Court delved into the prescriptive period of penalties imposed on companies in terms of the Companies Act, 1995, Chapter 386 of The Laws of Malta (the “Act“).

There were several important legislative changes which were published over the course of March 2026. Below is an overview of the key updates across different areas.