Yachts, Aircraft & Art Law

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Besides providing advice on Art Law, this practice group is geared to provide assistance related to pleasure and commercial yacht registrations, as well as, aircraft licensing under the Malta and Cyprus flag. Our lawyers offer all-round assistance to clients wishing to undertake this process. Ranking as first tier for Yachting in Chambers and Partners, the firm holds strong ties with surveyors, yacht management companies, financial institutions, insurance companies and banks which allow it to provide a one stop-shop service from Malta or Cyprus.

Chetcuti Cauchi is also on the very forefront in Art & Cultural Property Law in Malta. Zealous and creative about cultural property and the arts, the main aim of this specialised practice group is to provide the creative market with practical advice in ‘a one-stop-shop’ fusion of services. 

Malta: A bright past and a brighter future

Malta, enjoying its strategic location just a short trip away from the shore of three different continents, has established itself as a leading maritime centre, offering an array of services and facilities to the marine industry which has been flourishing for the past four decades, spanning from a long maritime tradition. In addition, Malta’s reputation of an experienced, reliable and efficient maritime jurisdiction, has positioned Malta as the largest ship register in the EU and the seventh largest in the word.

With regards to aviation, Malta is certainly no stranger to the world of flight. As an island, Malta relies on the aviation industry for its important and lucrative tourism industry as well as for exporting and importing and the daily transfer of passengers. Thus, the country has embarked on a new and ambitious project to establish one of the largest aircraft registers globally.

Yachting in Malta and Cyprus

The Yachting Industry in Malta and in Cyprus has two key facets; pleasure yachts and commercial yachts. The latter are usually used as part of a business activity and which have fiscal advantages for Malta and Cyprus shipping organisations. With regards to pleasure yachts in Malta, apart from a brisk registration process, Malta offers a favourable regime for vat minimisation, potentially down to 5.4%, through a leasing setup. Beyond the advantages that the registration process and the VAT yacht leasing presents, Malta offers yacht marinas which are situated all over the Maltese Islands, including facilities for super yachts. Facilities such as fuel bunkering, technical services for repairs and services, as well as access to luxury on-site facilities and immediate access to other off-site facilities are all readily available for yachtsmen.

Our Malta Yachting Team

With long-standing experience in the Shipping and Yachting industry, Chetcuti Cauchi assists and represents individual or corporate clients throughput different stages of vessel ownership. This includes:

  • vessel sale and purchase
  • chartering and leasing agreements
  • setting up for VAT Yacht Leasing Structures
  • marine mortgages, or other forms of securities
  • discharge of mortgages
  • ship owning and ship management companies
  • registration of vessel
  • bareboat charter registrations
  • tax advice

With strong links with all sectors of shipping and maritime law and the specialised lawyers, accountants and tax consultants in all maritime-related fields of law, including ship finance, litigation and admiralty, Chetcuti Cauchi stands as the maritime law firm of choice for banks, other financial institutions and ship-owners seeking the most effective and advantageous financing.

Our Cyprus Yachting Team

As a part of numerous international conventions and regulations for the uses of the Sea and continental shelf there are a lot of requirements that an individual or business has to be aware of and be compliant to before they venture into the maritime and shipping sectors.

Chetcuti Cauchi will represent you through these regulations, such as

  • flag and ship registration
  • bareboat charter registrations
  • ship owning and ship management company incorporation
  • marine mortgages and other form of securities
  • discharging of mortgage
  • ship sales and purchases
  • ship finance
  • chartering and leasing,
  • syndicated bank loans
  • security and mortgage enforcement matters
  • other Cypriot maritime law matters

Aviation in Malta 

Our specialised aviation industry team consists of a multi-disciplinary team of legal advisors, accountants and tax specialists drawn from our transport, corporate and tax practices who have an unparalleled span and depth of knowledge in the transportation industries. Apart from paying attention to the legal and regulatory aspects of this industry, our consultants provide results-driven, practical council to our aviation clients on some of their most elaborate and unique transactions, and help them address some of their most challenging business issues.

Our Aviation Team assists our aviation client portfolio in setting up, obtaining the relevant licenses and operating under a Malta regulated regime. We work alongside out promoters, in-house legal and financial consultants, executives and other officers to ensure an optimum solution to the client. Our Tax Team also assists in formulating the most suitable, tax friendly structure for each specific case.

Chetcuti Cauchi’s expertise and familiarity with the peculiarities of the aviation industry, complimented by our comprehensive understanding of regulatory processes has places us as the firm of choice for judicious clients seeking a consolidated solution provider in Malta.

Our team vaunts a wealth of experience in this enticing and flourishing field of law by providing services which include:

  • the registration of aircrafts in Malta
  • insurance solutions and procurement
  • aircraft chartering and leasing advisory services
  • negotiating and drafting of aviation-related service agreements, maintenance and repair agreements
  • legal advice on Bilateral Air Service Agreements and conditions of Carriage and Regulations of airlines.

All of the above, coupled with the work provided by other practice groups within the firm, has ensured that clients in the tourism sector, transport maintenance and logistics, and aviation service providers can make efficient and effective use of our range of services in this sector.

Aviation in Cyprus

Cypriot tax legislation provides various fiscal incentives for aircraft owners who register their aircraft in Cyprus. Tax Exemption of Income from aviation activities, any income which is derived from the ownership, leasing or operation of aircraft or aircraft engines which is used for or employed in the international transport of passengers or goods is exempt from tax in Cyprus, since such income is deemed to arise outside Cyprus for Cyprus income tax purposes.

Art Law in Malta and Cyprus

Both Malta and Cyprus have a very rich artistic and cultural patrimony, parts of which are so grand that are deemed to be the common heritage of mankind. The Maltese cultural landscape has been moulded by several millennia of human activity. Evidence of this can be found not only in museums, but much closer to home in our little towns and villages. Enthusiastic and inspired about cultural property and the arts, the main team is to provide the artistic and creative industry with practical, legal advice and assistance. Our main expert areas in this regard include intellectual property law, contract law, estate and succession planning, dealing with counterfeit goods and litigation/resolution of disputes.

Our services include:

  • Acquisitions, disposals and loans of art and artefacts
  • Agency and partnership agreements
  • Charities and foundations
  • Contract drafting and negotiation
  • Copyright, moral rights and related rights
  • Dispute resolution, especially in cases of defective tittles & provenance
  • Import/export on art and artefacts
  • Intellectual property planning
  • Insurance planning
  • Provenance, title and ownership issues
  • Tax planning and wills
  • Trusts and estate planning

With a strong sense of history, Cyprus has a diversity of art and culture unseen in much of the world. The value of Art and Culture transcends monetary lines and thus the protection of Cultural property holds both individual and national importance, for both today and future generations. Zealous and creative about cultural property and the arts, the main aim of this specialized practice group is to provide the creative market with practical advice in ‘a one-stop-shop’ fusion of services. 



Contact Us
Key Contacts

Dr Silvana Zammit

Partner

+356 22056423

Dr Jean-Philippe Chetcuti

Managing Partner

+356 22056411

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