Mergers & Acquisitions · Malta
Your mergers and acquisitions lawyer in Malta for cross-border deals
Malta is a mixed jurisdiction where continental civil law meets English common-law influence in company and commercial matters. Tell us what you are buying, selling or restructuring, and we match you with a warranted advocate who handles transactions of that kind.
- Mixed civil-law and common-law jurisdiction
- Warranted advocates working within statutory fee tariffs
- Free, non-binding matching service
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Working with Maltese counsel
What a Maltese transaction actually involves
Selling a company, buying a competitor or bringing an investor into a Maltese business raises questions that cut across company law, contract, employment and succession. Malta is a recognised mixed jurisdiction: its Civil Code of 1868 follows the continental civil-law tradition, while public, procedural, administrative, commercial and company law carry strong English common-law influence, and there is no formal doctrine of binding precedent. Deals here are bilingual too: Maltese and English are both official languages, legislation is enacted in both, and the Maltese text prevails in case of conflict. A mergers and acquisitions lawyer in Malta works within that framework every day, from the preliminary agreements through to completion. Tell us what you are buying or selling, and we match you free of charge with a warranted advocate who handles transactions of that kind.
Malta in practice
How the Maltese legal system shapes an M&A transaction
Malta is one of the world’s recognised mixed jurisdictions, and that dual foundation is not a technicality — it decides who drafts your documents, which text prevails and which court would hear a dispute. These are the country-specific features worth knowing before you instruct counsel.
A mixed jurisdiction, not a common-law one
Malta’s private law follows the continental civil-law tradition: the Civil Code, Chapter 16 of the Laws of Malta, was first enacted in 1868 and derives from the French Code Napoléon, complemented by a Commercial Code. More than a century and a half of British rule introduced English common-law influence in public, procedural, administrative, commercial and company law. The system is codified yet adversarial, and the doctrine of binding precedent is absent.
Where a transaction dispute would be heard
Civil and commercial claims exceeding EUR 15,000, or of unquantifiable value, are heard by the Civil Court in its superior jurisdiction, sitting in its First Hall. Claims above EUR 5,000 up to EUR 15,000 go to the Court of Magistrates, and monetary claims up to EUR 5,000 to the Small Claims Tribunal. The Court of Appeal, composed of three judges, hears appeals from the Civil Court.
Who may act for you and what is required
Malta has a single, unified legal profession: ‘lawyer’ and ‘advocate’ mean the same thing, with no barrister/solicitor split. To practise, a person needs a warrant issued by the President of the Republic under the Public Seal, after oaths before the Court of Appeal, a Doctor of Laws degree, at least one year’s attendance at a practising advocate’s office, and approval by two judges. A separate legal procurator handles procedural acts.
Notarial deeds, transfers and company acts
Malta keeps a separate Notary Public profession: a public officer appointed by the State who authenticates and drafts public deeds, distinct from the advocate who pleads before the courts. Transfers and encumbrances of immovable property are formalised through a notarial process, and ownership passes only upon execution and registration of that deed. Notarial intervention is likewise central to company acts, wills and succession.
Fees, tariffs and how costs are controlled
Advocates’ and legal procurators’ fees are governed by statutory tariffs in the schedules to the Code of Organisation and Civil Procedure, which also guide the quantum of costs awarded against the losing party. Contingency-fee arrangements are prohibited. Malta levies court registry fees rather than a general court tax, and civil legal aid through Legal Aid Malta is subject to a means test and a merits test.
Bilingual law: which text prevails
Malta’s two official languages are Maltese and English, and legislation is enacted in both, with the Maltese text prevailing in case of conflict under article 74 of the Constitution. Maltese has been the language of the courts and of notarial deeds since 1934, while legal education at the University of Malta is taught in English. Court rulings and notarial deeds are drafted in Maltese.
Key time limit — Commercial & Corporate Law
Commercial debt (B2B contracts and other commercial claims) — 5 years. Relevant when unpaid consideration under a commercial contract has to be pursued.
Every country-specific statement on this page is taken from official sources — Maltese legislation, the Judiciary of Malta, Legal Aid Malta, the Chamber of Advocates and the European e-Justice Portal — consulted in 2025.
- National justice systems – Malta (European e-Justice Portal)
- Types of legal professions – Malta (European e-Justice Portal)
- Civil Code, Chapter 16 of the Laws of Malta
- Commercial claims limitation – Chapter 16 of the Laws of Malta
- Legal Aid Malta – Defining legal aid
- The Judiciary of Malta
- Chamber of Advocates (Kamra tal-Avukati)
Common concerns
Where Maltese transactions get complicated
The points clients raise most often before they instruct counsel.
Bilingual documents and one prevailing text
Maltese and English are both official, and legislation is enacted in both, with the Maltese text prevailing in case of conflict. Notarial deeds and court rulings are drafted in Maltese, so translation and local review sit at the centre of due diligence.
No binding precedent to lean on
Malta is codified yet adversarial, with English common-law influence in commercial and company matters and no formal doctrine of binding precedent. The answer to a transactional question often lies in the code and in how Maltese courts have applied it.
Fee structures are regulated
Contingency-fee and other conditional-fee arrangements are prohibited in Malta, and advocates’ and legal procurators’ fees follow statutory tariffs. Budget the transaction on that basis, and expect the same tariffs to shape the costs awarded to a winning party.
Why use the platform
How we match you with the right advocate
You describe the matter once; we route it to professionals who already work on this kind of transaction.
Warranted advocates only
Every professional we match you with holds a warrant to practise in Malta, issued under the Public Seal, and works within the framework supervised by the Commission for the Administration of Justice.
Matching by transaction type
Tell us whether you are buying shares, transferring a business, running due diligence or handling a post-completion dispute, and we route your enquiry to advocates who work on that kind of matter.
English-language instructions
Maltese and English are both official languages and legal education in Malta is delivered in English, so you can give instructions in English while Maltese-language deeds, konvenji and rulings are handled on the ground.
Free and non-binding
Describing your matter costs nothing and commits you to nothing. You decide whether to instruct the advocate you are matched with, and the fee arrangement, governed by statutory tariffs, remains between you and that advocate.
Cross-border deals
Maltese transactions with counterparts across Europe
Malta has been an EU Member State since 2004, and EU law has exerted strong influence on its commercial framework ever since. We regularly receive enquiries from buyers, sellers and advisers whose counterparties sit in these markets.
Questions
Mergers and acquisitions in Malta: frequently asked questions
Do I need a mergers and acquisitions lawyer in Malta for a share purchase?
Nothing requires an advocate to be present during commercial negotiations, but representation by an advocate is required in contentious proceedings before the Superior Courts, and Maltese transactions frequently involve notarial deeds. A mergers and acquisitions lawyer in Malta reviews the share purchase agreement, coordinates due diligence on the target and works alongside the notary where a public deed is needed.
Which Maltese court would hear a dispute arising from a transaction?
It depends on the value. The Civil Court’s First Hall, in its superior jurisdiction, hears civil and commercial claims exceeding EUR 15,000 or of unquantifiable value. Claims above EUR 5,000 up to EUR 15,000 go to the Court of Magistrates, and monetary claims up to EUR 5,000 to the Small Claims Tribunal. Appeals go to the Court of Appeal, composed of three judges.
How long does a commercial claim linked to a deal remain enforceable in Malta?
A commercial debt under a B2B contract, and other commercial claims, prescribe after five years. The general limitation period for real, personal and mixed actions is 30 years, while tort or damages claims not arising from a criminal offence must be brought within two years. Interest and periodic payments also prescribe after five years.
Must transaction documents and deeds in Malta be in Maltese?
Maltese and English are both official languages and legislation is enacted in both, with the Maltese text prevailing in case of conflict under article 74 of the Constitution. Since 1934 Maltese has been the language of the courts and of notarial deeds, and court rulings and public deeds are drafted in Maltese. English is widely used in commercial practice.
Can a lawyer be paid on a success fee for a Maltese deal?
No. Contingency-fee and other conditional-fee arrangements are prohibited, and advocates’ and legal procurators’ fees are governed by statutory tariffs in the schedules to the Code of Organisation and Civil Procedure. Those same tariffs guide the quantum of costs awarded against the losing party if a dispute follows.
What is required to practise as a lawyer in Malta?
A person must hold a warrant issued by the President of the Republic under the Public Seal of Malta, after taking an oath of allegiance and an oath of office before the Court of Appeal. The warrant requires good conduct, a Doctor of Laws degree, at least one year’s attendance at a practising advocate’s office, full knowledge of Maltese, and examination and approval by two judges.
Next step
Describe your transaction and get matched
Tell us what you are selling, buying or restructuring in Malta, and whether the counterparty is local or based elsewhere in Europe. We will match you, free of charge, with a warranted advocate who handles mergers and acquisitions work in this jurisdiction.