This article analyses the various rights of information and certain powers and duties relating to the disclosure of information, which are granted by Maltese law to different players within a private foundation. The author concludes that the interplay of such rights, powers, and duties, together with certain legal limitations, creates the right backdrop for instilling confidence in the use of Maltese private foundations. Maltese law aims at ensuring that, while persons who have an interest in the foundation are duly protected, by making information accessible to them, the private element of foundations is not undermined.
This article was published in Vol. 19 Issue 6 (July 2013) of Trusts & Trustees – an academic journal published by Oxford University Press.