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Setting up a Company in Malta

2
working days to set up a company, once we have all information, funds and due diligence documentation
1995
Companies Act, based on the UK Companies Act

Setting up a company in Malta is a relatively straight forward procedure and can be set up within 2 working days, provided we are in receipt of all the information, funds and due diligence documentation we need.

The Act that regulates Maltese companies is the Companies Act which was enacted in 1995. The law is based on the UK Companies Act and provides for the setting up of different types of commercial partnerships including limited liability companies, partnerships ‘en commandite’ and partnerships ‘en nom collectif’. The Act also provides for cross border mergers and divisions while it is also possible for foreign companies to re-domicile to Malta and vice versa.

For further information please contact the firm’s partners in charge of corporate services Stephen Balzan (sbalzanact.com.mt) or Liana Falzon (lfalzonact.com.mt).

FAQ

Questions clients ask us

Setting up a company

All questions and answers
I would like to set up a company in Malta to trade overseas. What is the procedure and what documents do I have to prepare? Do I have to be a Maltese resident to set up a company in Malta?

The procedure to set up a company in Malta is very straight forward and it only takes two working days for it to be set up. We would require all due diligence documents on behalf of the shareholders of the company including copies of passports, bank and professional references and recent utility bills. Non-residents (both companies and individuals) can set up companies in Malta and there are no restrictions on nationality and residence.

For further details, please do not hesitate to contact the firm’s tax and corporate services partner, Stephen Balzan, on sbalzanact.com.mt.

I would like to act as director of my company. What are my duties and obligations?

The director of a company is the person who is ultimately responsible for the affairs of the company. Directors of a company must act honestly and in good faith in the best interests of the company and shall promote the well-being of the company.

Can the company I set up be used both for trading activities as well as to hold overseas investments?

Yes this is possible. A company set up in Malta can carry out different types of trading activities as well as hold investments, provided that the company is permitted to do so in terms of its objects clauses in the Memorandum and Articles of Association. The only restriction applies when the company is fully owned by one shareholder i.e. in the case of a single member company. In this case, the activities of the company will be restricted to one.

For further details, please do not hesitate to contact the firm’s tax and corporate services partner, Stephen Balzan, on sbalzanact.com.mt.

If I set up the company in Malta, what is the amount of share capital that is required to register the company? Can I have the share capital denominated in a currency which is not Euro?

The minimum share capital is of €1,165 which can be 20% paid up. This can be increased at any time after the incorporation of the company, but cannot fall below the minimum threshold. The share capital of the company can be denominated in any currency. The audited financial statements will then be prepared in the same currency and tax will also be paid in the same currency in which the company’s share capital is denominated.

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