Malta Company Formation

Malta Company Formation - How we can assist

Since 2002, Chetcuti Cauchi is a premier Malta company formation specialist with roots in sound legal and tax advice supported by fully-fledged company formation, company administration and company accounting teams. We provide all company formation and company management services through the firm's in-house Company Formation Agent, CCA InterServ, a corporate services provider authorised by the Malta Financial Services Authority.  While maintaining the personalised service of a boutique practice, Chetcuti Cauchi's company formation and administration service is able to deliver at high quality levels expected from larger firms.

All Malta company formation, tax and legal services under one roof.

Malta Company Formation Process

In most cases the company formation process can be finalised within 48 hours from receipt of the documentation and satisfaction of requirements established by Maltese law.

A Malta company formation is completed through the drafting and registration of its Memorandum and Articles of Association (M&A), as well as other ancillary forms required by the Malta Business Registry. All shareholder/s must subscribe to company shares and a certificate of registration is issued by the Malta Business registry. The following details should be included in the M&A:

• Company name
• Address and official identification of the subscribers thereto
• The nature of the company (private or public)
• The registered office of the company in Malta
• The electronic mail address of the company in Malta, to be accessible by all the officers of the company
• The object and purpose of the company to be incorporated
• Details of the authorised issued and paid up share capital
• Judicial and legal representation of the company
• Address and official identification of directors and secretary
• The duration for the duration of the company (fixed or indefinite)

Malta Company Formation Services

We provide all company setup services in-house, typically starting from a tax or structuring discussion. We remain on hand to support the company officers throughout the lifetime of the company, ensuring that all obligations vis-à-vis the Malta Business Registry are met on schedule.  We offer company formation and administration services including:

• Back Office & Virtual Office
• Bank Accounts
• Company Administration
• Company Directors Support
• Company Redomiciliation
• Company Secretary
• Company Domiciliation
• Fiduciary Shareholding & Mandates

Our Malta Company Formations Team

Led by Corporate Services Senior Partner Dr Priscilla Mifsud-Parker, our Malta Company Formation team is able to deliver very short response times for queries related to company formation in Malta and fast Malta company formation and company incorporation service.  As leaders in the area of company formation in Malta, enjoying the cumulative experience of Chetcuti Cauchi advocate's twenty years of experience in Malta company formation, we are able to be practical, responding without hesitation while maintaining high levels of legal and fiscal compliance, often necessary in company formation cases that are less straight forward.

Get in touch for a free consultation! 

Malta Company Formation FAQs

[question]What are the steps to form a company in Malta?[/question]

[answer]The process to incorporate a company within Malta is not lengthy;

1. One needs to submit all the essential due diligence documents together with the incorporation documents;
2. A bank account needs to be opened and a share capital must be deposited. The minimum share capital of a private company is €1,165, whilst for public companies, it stands at €46,588. Even though an individual may opt not to open a bank account, he/she still needs to prove the initial share capital.
3. Memorandum and Articles of Association are then drawn up to meet the shareholder’s requirements, in accordance with the Companies Act.
4. A registration fee must also be paid, which varies depending on the share capital of the company. A private limited liability company can have from one to fifty shareholders.[/answer]

[question]How long does it take to set up a company within Malta?[/question]

[answer]Incorporating a company in Malta is quite straight-forward and usually only takes a couple of days. However, the exact time it takes to incorporate a company depends on whether the necessary documentation and information are available and on the type of company being incorporated.

The documentation and information are then passed on to the Registrar of Companies. If the individual is an EU citizen or company, then a company can normally be incorporated within 24-48 hours. Despite the fact that non-EU citizens and companies can still set up a company within Malta, if they intend to commence operations exclusively and directly within Malta there are certain limitations which are imposed.[/answer]

[question]What types of companies can be incorporated within Malta?[/question]

[answer]The standard commercial companies can all be set up within Malta, including both limited and public liability companies (Ltd and plc) as well as commercial partnerships. However, there also exist specific regulations to permit the incorporation of financial and banking entities, investment companies, companies that manage hedge funds, portfolios and investments, SICAVs and protected cell companies for insurance purposes.[/answer]

[question]Can I set up a company to hold overseas investments whilst undertaking trading activities as well? [/question]

[answer]Yes, this is possible. A company can be set up to carry out trading activities whilst holding local or overseas investments. If the company is a single-member company i.e. it is owned only by one shareholder, then it is only allowed to carry out one main activity.[/answer]

[question]What does company domiciliation mean, and can a company set-up in Malta re-domicile? [/question]

[answer]A company is domiciled in Malta if its registered in Malta. Therefore, a company is domiciled in that jurisdiction where all the legal documents and the company’s mail is received.

Furthermore, under Maltese law, relocation or redomiciliation of companies is allowed. This means that a company which is registered in a foreign country may be-de-registered there and registered as a body corporate in Malta.  There are four conditions that need to be satisfied in order for a company to be eligible to re-domiciliation:

1. The foreign country where the company is currently registered must permit outward re-domiciliation of companies;  
2. The foreign company wishing to re-domicile to Malta must be structured as a corporate structure contemplated by the Maltese Companies Act;  
3. The company’s Memorandum and Articles of Association must permit re-domiciliation (this may be amended);
4. The foreign company must be incorporated or registered in an approved jurisdiction. [/answer]

[question]What are the benefits of setting up a company within Malta?[/question]

[answer]Malta is a well-regulated jurisdiction, with various laws permitting different types of entities, ranging from private or public companies, trusts, foundations and protected cell companies. Malta has also established a number of strong industries, such as intellectual property, remote gaming, financial services and maritime/aviation. Malta is global player in the field of pharmaceuticals with several research laboratories and a law regulating the cultivation and processing of medical cannabis. The costs of incorporating and operating a company within Malta are very reasonable, in fact, professional facilities and service fees run at much lower rates than in comparable jurisdictions in Europe.  

Malta offers foreign investors an efficient tax system that has been approved by the European Commission and the OECD, whereby qualifying shareholders may receive a partial refund of corporate tax paid. [/answer]