Due to our diversified client base, at Lex Group we make sure to attend successfully to our clients’ needs when it comes to obtaining different types of licenses/permits required by law. Amongst others, we aid clients in obtaining the following:
- Commercial Licenses: We have assisted clients in obtaining various commercial and professional licenses required to operate a business in Malta, ranging from licenses required to operate retail outlets to catering establishments as well as professional institutions. These include, for example, import and export licenses. If as an entrepreneur your business includes the importation or exportation of certain items like raw materials, goods or products, machinery and semi-finished goods, then you will need to obtain an import or export license prior to conducting your business. At Lex Group, we can offer our professional advice as to whether your business activity requires a commercial license and if in the affirmative, we can also take care of the application process and all other ancillary activities required to obtain the intended license.
- Employment Agency License: If you are contemplating to carry out business relating to employment, whether as an individual, a company, or as any other type of legal entity, an employment agency license is required. Successful acquisition of the said license will vest the applicant with the possibility to carry out a variety of services attributed to this area including: recruitment consultancy; interviewing, selection and placement of candidates in employment; recruiting Maltese/foreign individuals for employment in Malta or in any other Member State of the European Union; advertisement of the filling of vacancies; and the preservation of a register of applicants for employment. At Lex Group, given our professional experience in this sector, we can go through all the intricacies required for the acquisition of the said license in a timely manner, ascertaining the shortest possible time-frame for our client to initiate his business.
- Immigration Residence/Work Permits: Our immigration unit at Lex Group can help you obtain the required permit to reside legally in Malta. We will take your personal circumstances, as disclosed to us by you, within consideration and will direct you to the most beneficial residence/work permit programme that currently exists for you in Malta. Where applicable, we will also liaise with the respective authorities. In other words, we offer the full range of immigration related service and are committed to guide you in obtaining the required residence/work permit every step of the way. For a fuller picture of what we offer in this respect, please click on the following link: http://lexgroup.mt/services/residency-citizenship/
- Any other licenses/permits: Should you require any other license, which has not been listed above, please do not hesitate to reach out to us accordingly. We are more than happy to assist you with anything you may require in this regard.
Risk Management and Compliance
With the advent of new technology like blockchain and increased globalisation, the need for stricter risk management and compliance has never been more critical. Throughout the European Union, countries are heavily penalising companies and service providers which do not have effective risk management and compliance practices in place, and Malta is no exception. At Lex Group, we understand the burden which this may place upon you, and seek to lessen the weight from your shoulders through our array of services in this area which include:
- The drafting of Customer Due Diligence and Know-Your-Customer forms which are required to be filled in when onboarding a client;
- Aid in relation to the drafting of any policies having as their subject-matter any of the following: Risk, Compliance, General Data Protection Regulation, and other Legal matters;
- Preparation and compilation of training material focused on Anti-Money Laundering policies and procedures and/or Financial Crime Compliance;
- Formulation of gap reports;
- Designation and the carrying out of adequate risk assessments;
- Staff training where required;
- Assistance in the application for a bank account application process, which given the increased risk management and compliance procedures, may not be an easy process for a client;
- Real time support, when required;
- Any other ancillary services, as may be required.
By keeping ourselves up to date on the latest risk management and compliance legal obligations, we strive to ensure that our clients’ policies in this respect remain in line with the law, which in turn aids them to build up an excellent reputation of the manner in which they conduct their business. A sound legal infrastructure in this regard can also protect both a natural person (i.e. an individual) or a legal person (i.e. an entity) or any of its directors from any possible personal liability.
A critical area that any business needs to take care of is the so-called ‘regulatory compliance’, which is a collective general term that seeks to incorporate compliance with the latest laws enacted. The legal world is a dynamic one, with new legal acts and legal notices being enacted almost daily, making it difficult for businesses to keep track of the latest developments. Moreover, the ‘complex’ manner in which laws are drafted may make it hard and time-consuming for an individual to understand what he needs to do to comply with the law.
At Lex Group we understand the problem that regulatory compliance may present to or clients and we seek to address it by offering the following:
- formulation or review of the client’s business existing policies and procedure & advice on how to optimize them;
- drafting of new essential policies, procedures and how to execute them;
- advice on the implementation of any mandatory changes to comply with the applicable rules and legislation;
- offering ad-hoc support to a client’s MLRO and compliance team with any matter, particularly with the submission of regulatory reporting and ever-changing legal framework;
- on-site visitation followed with a detailed gap-analysis and action plan;
- Designing and assisting external clients in the carrying out of a risk assessment and formulating and rolling out of remediation exercises, with post implementation testing; and
- Delivering presentations and training to the respective teams.
Most importantly, at Lex Group we also offer advice on main regulatory issues like Anti-Money Laundering Compliance legislation, a key legal area that requires compliance in order to ascertain the success of our clients. Another fundamental legislation is the General Data Protection Regulation (GDPR), an EU Regulation which has as its objective the protection of personal data of all individuals across the EU. In this respect, we offer:
- An IT and Legal GAP analysis of your system;
- Drafting/Reviewal of privacy policies and privacy notices;
- Drafting/Reviewal of GDPR processor Agreements;
- Drafting/Reviewal of employment agreements to be GDPR compliant;
- Training on the critical elements of GDPR;
- The drafting of any other GDPR-related polices/agreements required by law in order for your system to be compliant with data protection regulations.
Non-compliance to the said laws could lead to the imposition of hefty penalties and to damage of the client’s reputation. We not only understand this factor, but also ensure that every measure advised to clients to be integrated within their business practice is implemented in the most efficient manner, with no or minimum disruption to the client’s course of doing business.
Having successfully aided numerous clients with public procurement, Lex Group has all the experience and knowledge necessary to provide for its clients’ needs in this respect. We understand and appreciate the burdensome legal standard that the applicable legal regulations may require a prospective bidder to meet, and thus we offer to provide any legal guidance that may be necessary. Our range of services in this regard include, but are not limited to the following:
- Identification of Tender Opportunities – We keep ourselves abreast with the latest tender opportunities, informing any of our applicable clients once any opportunity suited for them crops up;
- Compilation of Essential Documents – We understand and appreciate that a successful tender necessitates rigorous preparation. In this regard, we shall ascertain that all essential documents, as required by the respective authority, is compiled with in an orderly manner so as to avoid any unnecessary obstacles with the eventual submission of the tender bid;
- Final Submission of Tender Bid – Lastly, we assist with submission of the tender bid, which nowadays is to be carried out through the Electronic Public Procurement System (EPPS).
Special care shall be taken to ensure that any deadlines imposed by the respective authorities are met. Whether you are a private corporate entity, a public organisation, an NGO, or any other type of entity interested in submitting a tender bid, we can offer you all the assistance required.
At Lex Group, we understand the legal repercussions that a badly drafted contract may have on your business or family interest, and we seek to avoid such eventuality through our contractual services. These services may be divided into a fourfold manner:
- Contract Negotiation – Should our client requests, we will be present in all meetings which may take place with the other party to a contract, advising our client of his rights throughout the negotiations and making sure that these are respected by the other party;
- Contract Drafting – At Lex Group, we do not just put in black and white the Parties’ obligations with respect to a contract. We strive to ensure that all measures are taken to avoid any possible loopholes which others may later on use to their advantage to fall short from fulfilling their contractual obligations or to dissolve the contract in place;
- Contract Review – We review all type of contracts for which our clients request professional advice. We advise on any contractual clauses which may eventually put our clients in a compromising situation, suggesting the entire removal or amendment thereof accordingly. In this regard, we offer to negotiate directly with our clients counterparts prior to any signing.
- Contract Monitoring (where applicable) – Where possible, we make sure that the other party to a contract is abiding by the legal obligations which he undertook to comply with, and if it results that the other party is breaching the contract agreed upon, we advise our clients on the ideal approach that should be taken in the circumstances at hand.
Amongst others, at Lex Group we have assisted clients in the negotiation, drafting and review of various contracts, such as loan agreements; lease agreements; contracts of employment; privatisation agreements, franchising agreements, contracts of services and /or works, etc. Whatever the type and nature of the agreement which you are seeking to put in writing, we are here ready to assist you.
Our team of consultants are widely experienced in working with high net worth individuals, their families, and family offices. We ensure that our clients’ private wealth and assets are managed in an effective manner, while complying with all the existing regulations in place. We also take all possible measures to preserve and enhance these individuals’ wealth in a manner which is practical and tax efficient. While we are cognisant of the fact that each private client has his own unique needs, for which we provide bespoke services, some of the services which we provide to our clients in this respect are:
- Relocation to Malta through citizenship by investment (Individual Investors Programme of the Republic of Malta) or residency by investment (Malta Residence and Visa Programme);
- Real Estate – Sales and Purchase of Properties in both Malta and Gozo;
- Tax Advice;
- Yacht and Superyacht Registration;
- Aircraft Registration;
- Aviation, Shipping & Real Estate Finance;
- Opening of Companies & the Setting Up of a Business in Malta;
- Opening of Bank Accounts;
- Investment Advice.
Please note that this list is by no means exhaustive, and should you, as a private client, require anything else, please do not hesitate to reach out. Our ultimate and most satisfying goal is to ensure that Malta becomes the home to our clients!