| Malta's Corporate Services
Maltese Company Law
Maltese company law is in conformity with EU directives.
Main legislation is the Malta Companies Act of
1995. Shipping companies are regulated by the
Merchant Shipping Act.
of companies in Malta
By Far the preferred Vehicle used, the limited
liability Maltese company is a separate legal
personality and, as the name implies, offers shareholders
limitd liability to the capital invested in the
company in Malta. This company can take the form
of a private company, or a public company.
of the Maltese Company
The minimum number of shareholders for public
and private companies in Malta is two, but a private
limited liability company in Malta may also be
formed as a single-member company.
The sole shareholder and sole director of the
Maltese Company cannot be corporate entities,
and the objects clause restricted to one main
There are 2 types of partnerships allowed under
Maltese company law. also offers the possibility
of having a partnership, with either the ‘Partnership
en commandite’ being a partnership with
at least one unlimited partner and other limited
partners and the ‘Partnerships en nom Collectif’,
being an unlimited partnership.
Company minimum Capital required:
The minimum authorised and issued share capital
for a Maltese company is as follows:
• private companies - €1,165 with at
least 20% thereof paid up.
• public companies - €46,590 with at
least 25% thereof paid up.
The company’s share capital may be denominated
in any currency. Malta does not impose any exchange
control restrictions and this facilitates the
use of Maltese corporate vehicles for international
business. Exchange risk is further minimised by
the fact that the company’s income tax is
paid in the same currency of the share capital.
Any tax refunds are also given in the same currency.
The registration of a company is done by submitting
the necessary documentation to the Registry of
Companies. The documentation include:
1. The Memorandum and Articles of Association
2. identification document of the subscribers,
3. proof that initial share capital has been deposited
M&A must be signed by the subscribers or their
legal representatives. Thus one can set up a company
in Malta without actually having to physically
come to Malta. Once all the documents are submitted
to the Registry of Companies the Maltese company
registration is done within 24 hours.
Company Registration Fee
A registration fee is payable to the Registry
of Companies and depends on the amount of authorised
share capital. The fee ranges between a minimum
of €350 and a maximum of €1,750 circa.
Company Annual Fee
An annual registration fee is also payable to
the Registry of Companies with the minimum fee
being €165 for Malta companies having a share
capital not exceeding €11,645 and the maximum
fee being €979 for Malta companies with a
share capital of €1,164,686
Malta has a fully fledged trustee regime and hence
shares in Maltese companies may be held by licensed
trustees in a fiduciary capacity for and on behalf
and Company Secretary
Companies must appoint at least one director and
one company secretary. The director may be a corporate
entity but the company secretary must be an individual.
As a rule, a sole director cannot occupy the post
of company secretary as well unless the company
is a single member company and has an ‘exempt’
The general meetings need not be held in Malta
but may be done via a telephone or video conference.
Moreover, a Maltese company may opt not to convene
a general meeting if all the shareholders are
in agreement and sign the necessary resolutions.
Companies must submit an annual return upon each
anniversary of the company’s registration
date. The annual fee is payable together with
the annual return.
After the financial year end, audited financial
statements must be laid before and approved by
the general meeting of the company and eventually
submitted to the Registry of Companies. A company
may opt for a financial year end other than 31
December as long as the first period is not less
six months and not more than eighteen months.
The time allowed for the submission of accounts
before the general meeting is ten months after
the financial year end for private companies and
seven months after the financial year end for
Audited financial statements must be prepared
in accordance with the Companies Act.
Maltese law allows companies to change their domicile
in and out of Malta. Companies moving their domicile
to Malta must come from a jurisdiction which allows
this. This possibility enables companies to freely
move from one jurisdiction to another without
the need of going through liquidation
Process. Companies wanting to move their domicile
to Malta must submit certain documentation to
the Registry of Companies. The Maltese Registrar
then issues a provisional certificate and such
certificate is converted into a ‘Certificate
of Continuation’ upon the presentation of
evidence that the
company has ceased to exist in the foreign jurisdiction.
us for more information as well as for a quote.
We will happily guide you through the Malta company
formation process and also advise you on the solutions
that would best suite your needs!. info@CompanyinMalta.com.
Or +356 2010 3020
The content on this website is for information purposes only and should not be taken as tax, legal or any other professional advice.