How a Malta Citizenship by Investment Lawyer Can Help You

A Malta Citizenship by Investment (CBI) lawyer is a legal professional who specializes in helping individuals obtain Maltese citizenship by investment through the Malta Citizenship by Naturalization for Exceptional Services (CES) program.

The right lawyer should be knowledgeable in immigration law, particularly regarding Malta’s CES scheme, which includes navigating real estate investments, contributions to government funds, and donations to approved organizations.

To successfully apply for the CES program, applicants must meet strict eligibility criteria and undergo a thorough due diligence process.

Therefore, having an immigration lawyer will help liaise with the Community Malta Agency (CMA), the government body responsible for overseeing and approving CBI applications, and make sure all the program’s criteria are met. A lawyer will help prepare the applicant for the rigorous background checks, real estate acquisition process and the application as a whole.

This article explains why a CBI lawyer is important, how they help with real estate, guide you through due diligence, and manage your application. This is what to expect:

What is the Community Malta Agency?
Eight reasons to get a Malta Citizenship by Investment Lawyer
Malta Citizenship by Naturalization for Exceptional Services (CES) Overview
How a Malta Citizenship by Investment Lawyer Can Help with Malta Real Estate
Estimated Costs for a Malta Citizenship by Investment Lawyer

What is the Community Malta Agency?

The Community Malta Agency (CMA), also known as Ġenitija Komunità Malta, is the official government body responsible for overseeing and managing the Malta Citizenship by Investment (CBI) program, also known as the Malta Citizenship by Exceptional Services (CES) program. It plays a central role in processing applications and ensuring that all applicants meet the program’s requirements. Its key responsibilities include:

Application processing: The CMA reviews and processes all Malta Citizenship by Investment applications, ensuring applicants meet investment, financial, and background requirements.
Due diligence: The CMA conducts strict checks on applicants’ backgrounds and finances to confirm eligibility and compliance with Malta’s laws.
Approval issuance: Once all conditions are met, the CMA grants a Certificate of Eligibility, allowing applicants to complete the citizenship process.
Program standards: The CMA maintains high legal and transparency standards set by the Maltese government.
Ongoing monitoring: The CMA ensures applicants meet post-approval obligations, like keeping their property investment for at least five years.

Eight reasons to get a Malta Citizenship by Investment Lawyer

1. Understanding the process

The Malta Citizenship by Investment process has many requirements. A lawyer can help explain the steps and criteria you must meet, like property investment amounts and holding periods, to make sure you don’t miss any details. They make sure you follow all of Malta’s laws, especially since the process can be complicated if you’re not familiar with local rules.

2. Choosing the right property

A lawyer helps you find the right property that fits the investment criteria. They ensure the property suits your needs and complies with the program. They will check that the property is legally owned and has no debts or legal issues before you buy it.

3. Protecting your interests

When you’re ready to buy, the lawyer will review and draft the contract to make sure it protects you. This includes things like payment plans and conditions in case issues arise. They ensure the contract has clauses to protect you if something goes wrong before the sale is complete.

4. Ensuring the property meets CBI criteria

The lawyer makes sure your property meets all requirements for the Malta CES program, like being for personal use and meeting the minimum value. They explain the rule that you must keep the property for five years and guide you on what happens if you want to sell it later.

5. Handling legal documents and applications

A lawyer helps you gather and submit all the necessary documents, like background checks and proof of property investment, to Malta’s authorities. They act as a link between you and the Community Malta Agency, to ensure your application is processed smoothly.

6. Background checks

Malta conducts strict background checks on applicants. The lawyer helps you prepare the right documents and ensures your application passes without delays. They help you make sure that your financial and personal information is in order, avoiding issues during the vetting process.

7. Tax and financial advice

The lawyer explains how obtaining citizenship and buying property in Malta affects your tax situation, both in Malta and in your home country. They also help you manage your financial obligations and suggest ways to minimize your tax burden.

8. Post-approval support

After approval, the lawyer will assist you in finalizing the process, including obtaining your Malta passport and attending the citizenship ceremony. They continue to advise you on issues like property taxes and rental income even after you get your citizenship.

Malta Citizenship by Naturalization for Exceptional Services (CES) Overview

The Malta Citizenship by Exceptional Services (CES) program, also known as Citizenship by Investment, allows foreign nationals to obtain Maltese citizenship by investing to the country’s economy. The program is managed by the Community Malta Agency (CMA), and it is designed for individuals who can demonstrate exceptional skills, financial resources, and a commitment to contributing to Malta’s long-term development.

Investment options

Contribution to the National Development and Social Fund (NDSF): €600,000 for the individual applicant. €750,000 for the applicant and their spouse/children.
Property Investment: €700,000 for properties in Malta. €350,000 for properties in Gozo or the south of Malta. Alternatively, applicants can rent a property with a minimum annual rent of €16,000.
Government Bonds: an investment of €150,000 in government bonds, which must be held for five years.

Due diligence steps

The Community Malta Agency (CMA) oversees the entire process, ensuring that all applications meet the highest standards of integrity and are thoroughly vetted before being granted citizenship. Some of the due diligence steps include:

Background Checks: To ensure compliance with program standards, a thorough review of the applicant’s financial and personal history is conducted.
Criminal Record: Applicants must have a clean domestic and international criminal record.
Verification of Documents: All submitted documents are reviewed to ensure authenticity and compliance with Malta’s legal requirements.
Family Checks: The due diligence process also extends to the applicant’s family members, ensuring they meet the program’s criteria.

To learn more about the Malta Citizenship by Investment Program

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How a Malta Citizenship by Investment Lawyer Can Help with Malta Real Estate

Here is a step-by-step process of how a Malta Citizenship by Investment lawyer can help you through the real estate acquisition process.

Step	Action	Details
1. Property Selection & Agreement	Select property and agree on price/conditions	The lawyer helps you identify and select the right property (within the CBI investment requirement). They also assist in negotiating the price and agreeing on conditions with the seller.
2. Signing Promise of Sale (PoS)	Sign the PoS document	The lawyer ensures the Promise of Sale (PoS) document is drafted and signed. It’s legally binding, with a validity period of 3 to 6 months (depending on the CBI applicant type).
3. Deposit Payment	Pay 10% deposit	The buyer pays a 10% deposit, held by the notary. If the buyer fails to complete the transaction without valid legal reason, this deposit is forfeited to the seller. The lawyer ensures that the deposit is handled correctly and legally.
4. Notary Due Diligence	Conduct property checks	The lawyer coordinates the notary to perform due diligence on the property. This includes checking the property’s title and applying for an Acquisition of Immovable Property (AIP) permit if needed. An AIP permit is a government issues permit for non-EU nationals wishing to living and work in Malta.
5. AIP Permit & Final Deed Preparation	Obtain AIP permit and prepare Final Deed	If the AIP permit is required (for non-EU nationals), the lawyer ensures it is obtained. They also work with the notary to confirm the property’s title and prepare the Final Deed of Sale.
6. Final Payment & Deed Signing	Settle remaining balance and sign Final Deed	The lawyer ensures that the buyer pays the remaining balance, stamp duty, and legal fees. They then assist with signing the Final Deed, making it legally binding.
7. Property Transfer	Transfer property possession	The lawyer helps transfer the property possession to the buyer after signing the Final Deed. This marks the official transfer of ownership.

Role of a Malta CBI Lawyer for the Application process

Step	Action	Details
1. Initial Consultation	Consult with the lawyer	The lawyer reviews the applicant's background and eligibility for Malta's CBI program. They provide advice on the investment options and the overall process.
2. Submission of Application	Prepare and submit application	The lawyer prepares the necessary documents, including proof of identity, financial background, and health records. They ensure all required documents are properly submitted to the Malta Community Agency (MCA).
3. Due Diligence Process	Assist with due diligence requirements	The lawyer works to ensure the applicant meets the due diligence criteria of the program, including ensuring clean criminal records, source of funds checks, and overall background investigation.
4. Contribution Payment	Oversee government contributions	The lawyer helps calculate and manage the required government contribution, which includes the non-refundable donation to the National Development and Social Fund and any additional fees associated with the application.
5. Property Investment	Assist with real estate investment	The lawyer ensures the property investment meets the CBI requirements, guiding the buyer through property selection, Promise of Sale (PoS), and AIP permits if needed, and making sure the transaction complies with CBI rules.
6. Investment Confirmation	Verify and confirm investments	The lawyer reviews the real estate investment and confirms that it is legally binding. They also help verify the financial investment if other options like bonds are involved, ensuring compliance.
7. Health Insurance	Ensure valid health insurance	The lawyer ensures that the applicant has valid health insurance that meets Malta’s requirements for citizenship.
8. Application Processing	Monitor and assist with application processing	The lawyer keeps track of the application’s progress, communicates with the Malta Community Agency (MCA), and addresses any issues that may arise during the process.
9. Oath of Allegiance	Assist with Oath of Allegiance	Once approved, the lawyer ensures the applicant is prepared for the final step: taking the Oath of Allegiance before the President of Malta.
10. Citizenship Confirmation	Confirm citizenship status	The lawyer helps the applicant obtain the official Malta Citizenship Certificate after successfully completing the application process.

Expenses for Acquisition of Property in Malta for CBI Applicants

Expense	Details	Amount
Stamp Duty	Paid on the property value: 1% on PoS, 4% on Final Deed	5% of the property value
Notarial Fee	Covers legal searches, contracts, and property registration	1% to 3% (approx.), plus 18% VAT
Searches & Registration Fees	Cost for legal searches and property registration	Approx. €600
AIP Permit Fee	Fee for properties requiring an Acquisition of Immovable Property (AIP) permit	€233 (if applicable)
Agency Fees	Real estate agent fees (paid by seller)	Typically not applicable to buyer

Estimated Costs for a Malta Citizenship by Investment Lawyer

These costs are estimates and can differ based on the complexity of the application and the lawyer’s fees. However, this is an average overview of the services that need to be paid for.

Service	Estimated Cost	Details
Initial Consultation	€200 - €500	A one-time fee for discussing eligibility and outlining the process.
Full Application Support (Legal Fees)	€15,000 - €30,000	Covers legal assistance with document preparation, submission, and compliance.
Due Diligence Fees	€5,000 - €10,000	Fees for handling due diligence checks, including background and source of funds verification.
Property Legal Advice	€1,500 - €3,000	Fees for assistance with property transactions (if applicable), such as contract review and title checks.
Ongoing Legal Support and Updates	€2,000 - €5,000 annually	Continued legal support during the application process and after approval.
Government Fees & Miscellaneous Costs	Variable	Includes costs like application fees, stamp duty, and notary fees.

As part of our commitment to providing transparent and reliable services, we are proud to be a licensed agent in Malta, holding the official license number AKM-AGEN. This certification demonstrates our dedication to the highest standards in the investment migration industry and further enhances our ability to offer expert guidance and support to our clients.

How Can Global Citizen Solutions Help You?

Global Citizen Solutions is a boutique migration consultancy firm with years of experience delivering bespoke residence and citizenship by investment solutions for international families. With offices worldwide and an experienced, hands-on team, we have helped hundreds of clients worldwide acquire citizenship, residence visas, or homes while diversifying their portfolios with robust investments.

We guide you from start to finish, taking you beyond your citizenship or residency by investment application.

Frequently asked Questions about the Malta Citizenship by Investment Lawyer

What does a Malta Citizenship by Investment (CBI) lawyer do?

A CBI lawyer guides applicants through the Malta Citizenship by Naturalization for Exceptional Services (CES) process. They handle paperwork, ensure compliance with legal requirements, assist with due diligence, and liaise with the Community Malta Agency.

Why do I need a lawyer for the Malta CES application?

The process is complex and involves strict due diligence. A lawyer ensures that your application meets all legal and financial requirements, reducing the risk of rejection or delays.

How does a CBI lawyer help with due diligence?

They review your financial history, ensure all documents are correct, and address any potential red flags before submission, helping to meet Malta’s high vetting standards.

Can a lawyer assist with real estate investment for the application?

Yes, they help you choose qualifying properties, review contracts, and ensure compliance with Malta’s property rules, whether you’re buying or renting.