Other legal matters

There are many other legal matters which can be entrusted to Sultana Legal. Some of those other legal matters are described on this page. For all other legal matters Sultana Legal can be of service as well and the team of Sultana Legal will be happy to discuss your particular case.

Aviation

There are other legal matters which have a lot in common in certain areas with shipping. Aviation is one of these matters which has similarities on subjects of the warrant of arrest and the registration of aircrafts.
Warrant of arrest of an aircraft can be both a precautionary warrant and also an executive warrant, as in the case of ships, and this type of warrant of arrest was added by the Aircraft Registration Act 2010. Any warrant of precautionary arrest may be issued to arrest the aircraft to secure the claim in personam or in rem. The value is usually a minimum of seven thousand euro (€ 7,000) but in the case of aircraft used for transport of passengers or cargo, the minimum is one million Euros (€ 1,000,000). However, these minimum thresholds do not apply where there is a mortgage or a registered interest under the aircraft registration act or an international interest recognized by the Cape Town Convention, which Convention has been ratified part of the domestic law and ratified by the government in February 2011.
The term aircraft interestingly includes data manuals, airframe and machinery part of the aircraft and even machinery which have been temporarily removed but there is a particular regime for engines because only if the engines are in Malta then they are included in the term aircraft provided that the engines are owned by the owner of the aircraft. Moreover, the term ‘aircraft’ does not include those engines attached to the aircraft that do not belong to the owner, which engines shall be subject to the court where the aircraft has been seized.
However, there is a difficulty in the aircraft registration act by stating that ranking and procedure is according to the place where the aircraft is arrested because this means that if it is arrested in a foreign jurisdiction then raking is the lex fori.
With regard to the executive warrant of arrest of aircrafts and ships, the court has discretion either to grant a period of time for payment in this discretion or to order the sale of the vessel (both ship and aircraft) immediately. If no payment is given within the time established by the court, then the vessel (both ships and aircrafts) is sold and the provisions of judicial auction sale then come in. However, in the case of aircraft the discretionary time limit cannot exceed thirty (30) calendar days.
Sultana Legal will direct its clients as to when it is advisable to seize a ship or aircraft and in a timely manner.
Occupational Health and Safety
Unfortunately, accidents at work happen very often, sometimes due to lack of responsibility and sometimes due to lack of protection given by the employer to the employee. In both cases, there can be a court case which can involve thousands of Euros from the outcome of the case.
In Malta, this issue of highly importance is governed by the Occupation Health and Safety Authority Legislation Chapter 424 and one important article, being article 4, states that the protection of occupational health and safety is of public interest. Moreover, article 6 gives a list of duties of the employer in respect to the employees and article 7 gives the duties of the workers to safeguard one’s own occupational health and safety.
Under the Maltese legislation, there is established the Occupational Health and Safety Authority, which functions are described in detail under article 9 of the above mentioned Act.
Sultana Legal will represent both the employers and the employees, though not in the same case, and will advise its clients accordingly and trying to achieve the best solution for its clients in the shortest time possible.

Trusts

The setting up of trusts in Malta is regulated by the Trusts and Trustees Act 2004, which Act provides for the creation of trusts and authorization and supervision of trustees. For the purposes of this Act, the Malta Financial Services Authority (MFSA) is the competent authority. This Act incorporates the Hague Convention on the Law applicable to trusts and on their recognition.
A trust is an obligation which binds a person or persons, referred to as the trustees, to deal with property over which they have control, referred to as the trust property for the benefit of other persons referred to as the beneficiaries or for charitable purpose in accordance with the terms of the trust.
Sultana Legal can hold property for its clients and can thus act as the trustee in accordance to the needs of the clients with tailor made Trusts.

I-Gaming Law

I-Gaming industry has generated substantial economic activity in Malta over the past years, particularly since the introduction of the Remote Gaming Regulations (L.N. 176 of 2004).
Over the past years Malta has successfully established itself as a leading, serious and well-regulated European remote gaming jurisdiction and is estimated to host around 10% of the world’s on line gaming companies. The Government of Malta had carried out a complete revision and consolidation of the I-gaming legislation, and a new all-encompassing gaming law was enacted by the Maltese Parliament in virtue of which the Malta Lotteries and Gaming Authority (LGA) has been set up.

The different classes of Remote Gaming Licenses that can be applied for are found under the First Schedule Regulation 3 and the same Regulation even gives the fees applicable in case of any license one may apply for. The license is valid for five (5) years and may be renewed for another period of five (5) years. The Application process involves three (3) separate stages and can be obtained in as little as two months from the submission of a complete application.
Sultana Legal will assist its clients with all the licensing and compliance issues and it even offers a full spectrum of services including company registration, preparation and co-ordination of all aspects of the application process with the Lotteries and Gaming Authority. Also one can expect on-going support for operators establishing their operations in Malta. Sultana legal services can also extend to other IT law related issues.

Intellectual Property Law

Intellectual Property Law is a law that safeguards a person’s business or interests from being threatened due to situations where a trademark or an incentive is to be stolen or infringed. If in these situations any issue cannot be resolved through the path of alternative dispute resolution there can be a court case. Indeed, Sultana Legal will advise its clients and understand their business needs or interests and try to obtain the results accordingly in the most advantageous possible way to its clients in the shortest time possible. Clients interested in being protected under Intellectual Property Law can vary widely from artists to companies themselves.