Commercial law or Mercantile law, also known as trade law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law.
We are specialist in areas of corporate and commercial law practice. Dr Magro Axelsson's academic background and expertise of over ten years, provides an indepth commercial awareness and understanding of the specific business needs of a company's management, investors, entrepreneurs and employees.
Dr Nicola works closely with other Associates and specialises in identifying and resolving legal issues and providing practical solutions for scenarios involving tax aspects, intellectual property and franchising, employment law, corporate immigration, corporate finance and banking, real estate and leasing, environmental law and personal asset management.
Nicola is a local market leader in providing the Scandinavian market with company formation services including but not limited to: secretarial and corporate compliance services for private companies, setting up of brick-and-mortar or online business operations, formation of local and international companies, corporate finance, group restructuring and liquidations.
Legal Basis for Malta Commercial Law
The Commercial Code, Chapter 13 of the laws of Malta, is the principal legislation regulating commercial law in Malta. The Commercial Code focuses on traders and acts of trade and establishes a hierarchy of different sources of commercial law. The commercial code stipulates that when the code itself remains silent, the usages of trade apply, and where no such usages exist that the civil law applies. Thus, Maltese legislation grants a lot of importance to the realities of the business world. As a matter of fact, the code addresses a variety of important business issues, such as agency and management arrangements, trade books, bills of exchange, duties of traders and bankruptcy.
Contract law plays an integral part of any commercial activity as it regulates the various commercial contracts businesses enter into. Such contracts can be of different characters, covering a large spectrum of topics, including sale and purchase of goods, services, or property, the terms and conditions of employment, and the settlement of a dispute. In order to ensure that all contracts which one enters into, are easily enforceable and leave no room for ambiguity, seeking legal guidance when drafting contracts is highly advisable. We have a wealth of experience in drafting clear, univocal contracts which directly address the goals which the client intends to reach through the contract.
We are very familiar with the client's industries and areas of commercial activity, In order to ensure that any contracts entered into fully respect the rights and contractual goals of the client. This allows us to predict the practical applications and implications at the various stages of applicability of a contract, including formation, legalisation and termination of contracts. Additionally, we manage the relationship between the contracting parties and clarify the provisions of the contract as well as the nature of obligation, breach of contract, causation and remoteness of damage.
Employment & Labour Law
Business owners, employers and employees can benefit from our Employment & Labour Lawyers’ vast expertise when it comes to Employment & Labour Law matters such as issues pertaining to relationships between workers, employers, trade unions and the government. Our lawyers are skilled in identifying, managing and reducing business risk in the sectors of labour issues, Human Resources and health & safety. Our services include drafting and negotiating employment agreements, helping the company set up useful policies and assisting clients with the attainment of work permits (particularly through our Corporate Immigration PG), among others.
Through our Trade Law practice, our professionals are fully geared to help clients obtain various trading licences in order to conduct business in a fully compliant, legal manner. We can assist clients with the fulfilment of any special requisites in order to obtain particular trading licences in Malta as well.
Our Commercial Law Practice
Commercial activity encompasses a wide range of legal issues. Contracts, verbal agreements, trading arrangements, international transactions, and the delivery of goods and provision of services are all matters that have significant legal implications. Thus, businesses know that seeking sound legal advice is essential in order to be able to mitigate business risks, comply with relevant legislation, and thrive. We understand that our clients need effective, commercially savvy legal advice and we are ready to offer our wealth of expertise to help them attain their business goals in a timely and cost-effective manner.
Our Commercial lawyers strive to provide our clients with the best possible advice to suit their needs, even during challenging times. The firm advises an array of businesses, be it sole traders, partnerships or limited liability companies on various commercial matters. Our specialist knowledge of the sector and its issues enables our lawyers to provide results driven commercial advice to businesses and firms alike, on traditional or modern commercial law concepts.