WH Partners

The Establishment of the Commercial Court: A Strategic Evolution of the Maltese Judiciary

Act No. IV of 2026 establishes Malta’s Commercial Court as a superior court, equal to others, with specialised jurisdiction over key business sectors. It streamlines appeals, centralises commercial authority, updates legal codes, and ensures a smooth transition.

When the Courtroom Becomes a Battlefield: Fighting Vexatious Litigation in Malta

In Malta, some litigants misuse proceedings to pressure opponents. Defendants may counterclaim for *abusus iuris* (abuse of process), but the bar is high: success in the main case isn’t enough - they must prove fault and quantify damage with precision.

Doing Business Before Turning 18? Malta's New Youth Enterprise Regulations Now Offer a Legal Vehicle

Previously, Maltese minors faced legal and banking barriers to doing business. The 2026 Youth Enterprise Regulations introduce a tailored company structure, allowing 16–17-year-olds to trade under oversight, removing obstacles and enabling formal entrepreneurship via the MBR.

Navigating the balance between player rights and operator protection

Under GDPR Article 15, individuals can request confirmation and a copy of their personal data, with responses due within one month and typically no fee. In gaming, DSARs are increasingly used strategically in disputes over bonuses, account closures, or complaints.

Malta and the Global Minimum Tax: What Businesses Need to Know

The EU has introduced a global minimum tax for large multinational enterprise (MNE) groups, marking a major shift in international tax policy. Businesses operating across borders should assess how these rules apply, particularly in Malta, where the position is more complex than it may initially seem

Tokenised Fund Units as Collateral Goes Digital

The MFSA has issued a Position Paper on using tokenised fund units as collateral on public DLT networks. The initiative aims to bridge traditional fund structures with digital solutions, enabling regulated entities to use fund units more efficiently while maintaining compliance, transparency, and in

Calculating the Price of Non-Compliance: Malta's New Competition Penalty Guidelines Explained

On 6 Feb 2026, Malta’s Office for Competition issued Guidelines on how it calculates penalties for breaches of the Competition Act (Arts. 5 & 9) and EU rules (Arts. 101 & 102 TFEU). While not binding on courts, they increase transparency and help businesses understand possible fines.

Prediction Markets In Europe: Why Malta Is Often On The Shortlist

Prediction markets let users bet on future events. In the EU, a key issue is how they are legally classified—financial product, gambling service, or another category. This classification determines licensing requirements, distribution rules, and whether operators can run cross-border services

Recovering Debts in Malta and Across the EU: Fastest Routes

Late payments drain businesses. In Malta, Article 166A lets creditors turn clear debts under €25k into enforceable titles if uncontested within 30 days. Across the EU, the European Order for Payment recovers cross-border debts, while an EAPO can freeze foreign bank funds to protect enforcement.

The 231 Compliance Model in Professional Football Clubs: A Safeguard for the Football System

Modern football clubs face complex legal and financial risks in transfers, agent relations, sponsorships, and stadium management. The 231 Model provides structured compliance and risk controls, promoting transparency, preventing misconduct and protecting competition integrity.

The Reform on the Transferability of Real Estate Originating from Gifts

Italy’s Law No. 182/2025 reforms the transfer of gifted real estate, protecting third-party purchasers for value from restitution claims. Forced heirs retain monetary claims against donees, with strict transitional rules. The reform enhances market stability and legal certainty in property transacti

Defective By Design: Europe's New Product Liability Rules Aim To Help Consumers Take On Powerful Man

After nearly 40 years, the EU replaced its 1985 Product Liability framework with a new Directive in October 2024. The reform updates consumer protection for AI, circular economy models and global supply chains, while making it easier for injured consumers to prove claims against manufacturers.

The Maltese Foundation: An Advanced Vehicle for the Governance and Protection of Complex Wealth

When structuring and protecting wealth, trusts are often the first choice due to their versatility. However, for families and entrepreneurs with complex assets, other solutions may be more suitable.

Who Must Prove What? The Art of Legal Persuasion in Malta's Civil Court

In Maltese civil litigation, the core rule is simple: the party making an assertion bears the burden of proof. Yet this principle’s nuances profoundly affect courtroom strategy, evidentiary duties, and ultimately who wins or loses a case.

Business Continuity Through Wills 

When business partners co-own property, succession planning becomes a delicate balancing act. The solution lies in two often-overlooked testamentary instruments: the legacy and the fideicommissum.

Digital Fairness Act: What the Public Consultation Tells the Video Game Industry

The European Commission is preparing the Digital Fairness Act to strengthen consumer protection online. Although the proposal is due by end-2026, the 2025 public consultation already gives clear signals on what the new rules may mean for the video game industry.

Simplified dissolution of dormant companies under Article 214A of the Companies Act

The 2025 amendments to Malta’s Companies Act introduce a simplified procedure for dissolving dormant and inactive private limited companies, effective 16 December 2025 under Legal Notice 286 and codified in Article 214A.

Proposed amendments to Malta’s merger rules: Public consultation launched

Malta’s Competition Authority has launched a public consultation on proposed updates to the Control of Concentrations Regulations, introducing new call-in powers and higher turnover thresholds—the first major reform since 2003.

Knowledge as an Asset: MiCA’s New Competence Standards

On 28 January 2026, ESMA issued its MiCA Guidelines on knowledge and competence. For CASPs and authorisation applicants, these are not background rules but operational requirements shaping staffing models, HR frameworks and supervisory engagement.

Trusts vs Foundations - Perpetual Tug of War?

Trusts and foundations are often thought of or addressed together, most likely because they are both used by practitioners for asset protection purposes, and also possibly because of their similarities when it comes to their administration. However, trusts and foundations couldn’t be more different.