Fiduciary Shareholding
The identity of shareholders of Malta companies is publicly available at the public Register of Companies. However, shares may also be held confidentially on behalf of an undisclosed beneficiary by a professional trustee duly authorised by the Malta Financial Services Authority to provide trust and fiduciary services. While the offshore concept of "nominee" shareholders has been removed from Maltese law in compliance with Malta's international obligations, licensed trust companies are able to hold shares in the name of beneficiaries under the Civil Law institute of Mandate and under obligations to comply with anti-money laundering regulations. However, with the introduction of laws regulating beneficial ownership which are in compliance with Malta’s international obligations, the ultimate beneficial owners of the shares must be disclosed with the Maltese Registry of Companies. We are also able to procure suitable local directors to ensure effective management and control from Malta where necessary.
Confidentiality Laws
Moreover, our standards of confidentiality are also backed by the Professional Secrecy Act which has established a high common standard of confidentiality for all professional practitioners. Those who violate professional secrecy may be prosecuted under Article 257 of the Criminal Code and on conviction may be liable to a maximum fine of €46,587.47 and/or a 2 year prison sentence. All disclosures ordered by the Court if expressly provided by law remain 'in camera' and are accessible only by the court and the parties.
Trust Services
It may be advisable to hold the shares of a company by a trust to achieve higher levels of tax efficiency. This can result in very substantial tax and non-tax related advantages which will accrue both on death and during the lifetime of the "settlor" of the trust, for instance.
Costs and Fees
Our Company Formation Pack and our Fee Schedule for company formation and company administration services is available on request.
