Companies in Malta

Redomiciliation of companies

The Maltese legislation provides for the redomiciliation of companies from and to Malta, it being possible to transfer the head office of foreign companies to Malta and vice-versa, even from and to tax havens with no tax charges on entry or exit.

Shareholders

If the shareholder is a company, then the company must also give its details (company name, registered office, share capital, company register number). There must be documented proof that the representative is acting on behalf of the company and has legal authority to do so.

General meetings of companies in Malta

The shareholders are members of the general meeting. They will decide on all matters for which they are legally competent or as set out in the company’s Articles of Association. They can also make management decisions, if deemed necessary.

Managers and directors

Private limited companies are managed and run by one or more managers/directors, while public limited companies are managed and run by two or more managers/directors. They must be named in the articles of association or appointed (and dismissed) later by shareholder resolution.

Legal aspects of companies

We highlight here some of the most relevant legal aspects of companies in Malta.

Activities requiring licensing

Most industrial activities need to be licensed for a variety of different reasons such as public health and safety, or to reduce the risk of pollution. Local government is the only body that currently issues licenses for commercial activities.

Company Secretary

The company must appoint a secretary who may be a natural person of any nationality or a company. The law does not require the Secretary to be a Maltese resident, but it is advisable, given their duties and responsibilities.

Capital Contributions in Malta

A capital contribution is a contribution of funds or assets to a company by the company's shareholders. The contribution increases the shareholders' stake in the company's capital.  Although additional capital is introduced into the company, the shareholders do not receive shares in return and are not creating debt.