Insurance & reinsurance

Malta’s insurance and reinsurance (re/insurance) sector has continued to expand and attract major foreign companies to the island. The country’s ongoing success stems from its strong regulatory and compliance framework, its modern and approachable regulator and an incentivised business environment.

The Maltese re/insurance sector includes insurance managers, captives, brokers, direct underwriters and reinsurers, each of which may be structured in varying corporate forms, from stand-alone limited liability companies, protected or incorporated cell structures, to reinsurance special purpose vehicles (RSPVs). Re/insurance companies based in Malta can take advantage of the EU passporting regime which allows these companies to do business in other EU member states.

Ganado Advocates is considered to be one of the leaders in the insurance legal sphere in Malta, evidenced through its drafting of local legislation relating to the captive sector as well as in relation to protected cell company and incorporated cell company legislation.

Much change has been taking place in the re/insurance industry, with the advent of the Solvency II Directive, and the Insurance Distribution Directive, which have overhauled the regulatory landscape for re/insurance undertakings and insurance intermediaries. Our re/insurance team has the expertise, knowledge and resources to support these players with adapting to the emerging regulatory landscape and to assist them in taking advantage of any opportunities that may arise as a result of such changes.

Our specialist team of insurance lawyers and regulatory advisors assists clients with:

• the setting-up and authorisation of re/insurers and intermediaries;
• the structuring and restructuring of insurance companies;
• portfolio transfers;
• mergers and acquisitions;
• the establishment of protected cell companies;
• business opportunities arising in relation to incorporated cell companies;
• passporting into other EU/EEA jurisdictions;
• the provision of services on a cross-border basis;
• advice on any transactional work;
• drafting of policy documentation;
• drafting of reinsurance treaties and other related documentation; and
• ongoing regulatory compliance.

Our re/insurance team works closely with lawyers from other practice areas to provide its clients a holistic service, including insurance litigation issues, finance and data protection.