Malta Company Redomiciliation
Under the Maltese legal framework, foreign companies incorporated outside Malta may redomicile to Malta without the necessity of winding up their affairs in their jurisdiction. Thus this foreign company can will then become a Maltese Company at with full effects and thus can benefit from the same tax treatment a Maltese Company enjoys.
Conditions for redomiciling from a foreign Company to a Malta Company
The conditions for redomiciling from a foreign jurisdiction to Malta are the following:
- the law of the foreign jurisdiction must permit a company to migrate to other countries. In this case to become a Malta Company
- the company’s charter, memorandum or statute must allow the company to migrate
- evidence from the foreign jurisdiction that it has been informed that the company wants to migrate to Malta
- proof that the shareholders, debenture holders and creditors of the company have consented to the migration in such numbers or proportion as required by the foreign jurisdiction’s law.
The documents necessary for redomiciling to Malta are the following:
- a resolution of the shareholders of the company authorising it to migrate to Malta
- a copy of the company’s, memorandum which must include all the details as are necessary for registration of a company in Malta
- a certificate of good standing or equivalent document issued by the jurisdiction where the company is incorporated
- a declaration signed by the directors of the company confirming:
- the name of the company and the name under which it wants to register as a company in Malta;
- the jurisdiction where it is incorporated presently;
- the date of incorporation;
- the decision to redomicile to Malta;
- that the company has informed the foreign jurisdiction of its intention to migrate to Malta;
- that no proceedings are pending against the company for breach of laws of the foreign jurisdiction
- a declaration signed by the directors of the company confirming that the company is solvent;
- a list of directors and company secretary of the company and, if any, of the persons vested with the administration or representation of the company
Applications for re-domiciliation of a Company to Malta will not be accepted if (thus not permissible to become a Malta Company if :
- Are in dissolution or are being wound up;
- Insolvency proceedings, arrangements, compositions, recovery and similar proceedings have been commenced by or against them;
- A liquidator or special administrator or receiver has been appointed;
- There is a scheme or order suspending or restricting creditors’ rights;
- There exist proceedings against it for breach of any law in the country of its original incorporation.
The content on this website is for information purposes only and should not be taken as tax, legal or any other professional advice.
Contact 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!
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