Shareholders in Maltese companies

Shareholders in Maltese companies must provide the following personal details:

Full Name;
Marital Status (if married, the full name of the spouse and the rules regarding assets);
Place of Birth;
Permanent Address;
Nationality;
ID number.

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.

Rights of the shareholders

Shareholders of limited liability companies have the following rights:

Right to part of the profits;
Right to participate in shareholder decisions;
Right to information about the company;
Right to be appointed to the board or governing bodies;
Special rights defined in the company articles of association, granting one or more shareholders special benefits which are not granted to other shareholders.

Obligations of the shareholders

Shareholders of limited liability companies have the following obligations:

Obligation to pay in capital contributions, generally by paying a specific amount when the company is formed;
Obligation to cover company losses to an amount that is proportional to their shareholding;
Obligation to make ancillary or supplementary capital contributions or to lend money to the company according to the provisions set out in the articles of association.

Distribution of dividends to shareholders of Maltese companies

Directors can distribute interim dividends based on management accounts drawn up internally by company accountants.

Final dividends will be distributed after the company's financial statements have been completed and approved by shareholders.

General Meetings

Amendments to the Articles of Association

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.

Companies in Malta

Legal aspects of companies

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

Companies in Malta

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.

Companies in Malta

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.