A Guide to Registering a Company in Malta

1. Choose a Company Structure
Before registering, decide on the type of entity that best suits your business objectives. Malta offers several types, including Limited Liability Companies (LLC), Partnerships, and Branches of foreign companies. The Private Limited Liability Company (Ltd) is the most common choice due to its limited liability and flexibility for both small and large enterprises.

2. Reserve a Company Name
Select a unique name and reserve it with the Malta Business Registry (MBR). The name must comply with local regulations, avoiding any misleading or restricted terms. Once approved, the name is reserved exclusively for your business for a period of 3 months.

3. Appoint Directors, Shareholders and a Company Secretary
Maltese companies require a minimum of one director and one shareholder, who can be individuals or corporate entities. The company must also appoint a Company Secretary who ensures the firm’s adherence to corporate obligations.

4. Choosing the Company’s Registered Address
A company’s registered address serves as the official location for all legal correspondence and is essential for maintaining compliance. The Malta Business Registry (MBR) mandates that a declaration must be provided by the property owner, confirming that the address can be used specifically for the company in question. This ensures that the company has legitimate authorization to list the property as its registered address.

5. Draft the Memorandum and Articles of Association (M&As)
These foundational documents outline the company’s purpose, share structure, and internal governance rules. They must be drafted in line with Malta’s Companies Act and submitted to the MBR. It is strongly recommended that these are drafted by professionals in order to ensure proper compliance.

6. Choose in which banking institution you will Deposit Share Capital
For Private Ltd companies, a minimum share capital of €1,165 is required, at least 20% of which must be paid up at the time of incorporation. This capital is deposited into a bank account opened in the company’s name, with proof of deposit submitted to the MBR.

7. Submission of Registration Documents
Complete the registration documents and submit it along with the M&As, shareholder and director information, proof of share capital deposit, and registration fees to the MBR. Once the application is reviewed and approved, the MBR issues a Certificate of Incorporation, officially establishing the company.

8. Register for VAT and Acquire a Tax Identification Number (TIN)
Businesses must obtain a VAT number if they expect to meet the registration threshold. Registration for income tax is also required, and the TIN is essential for tax filings and compliance.

To register a company in Malta, businesses must fulfil various legal requirements to ensure compliance with local regulations:

• Minimum Share Capital: As mentioned, a minimum share capital must be deposited in a bank account during registration.
• Directors and Shareholders: There must be at least one director and one shareholder.
• Registered Office Address: Every company needs a physical registered address in Malta.
• Licenses and Permits: Obtain any necessary sector-specific licenses (e.g., financial services, gaming).

Data Protection and AML Compliance: Companies must adhere to General Data Protection Regulation (GDPR) and Anti-Money Laundering (AML) laws, including Know Your Customer (KYC) procedures for clients and partners.

In today’s fast-paced business world, succession planning is more important than ever. A strong succession plan ensures that companies remain resilient and well-prepared for leadership transitions, whether planned or unexpected. By identifying and developing future leaders, businesses can maintain stability, protect their legacy, and foster a culture of growth and preparedness. Succession planning not only preserves the company’s reputation but also provides employees, clients, and stakeholders with the reassurance that the business will continue to thrive for years to come.

1. Navigating Regulatory Compliance
Malta’s compliance requirements are rigorous, especially in finance and tech sectors. Engaging with a legal or corporate service provider can streamline the process, ensuring that all regulations are met and helping avoid penalties.

2. Banking Requirements and Documentation
Opening a corporate bank account can be time-consuming due to the high standards set by Maltese banks. To expedite the process, ensure you have all necessary documentation, including identification and proof of address for all beneficial owners and directors.

3. Taxation and Accounting Compliance
Malta’s tax system, while beneficial, can be complex. Retaining a local accountant experienced with Maltese tax law can help businesses fully benefit from the country’s tax incentives while remaining compliant with tax obligations.

4. Language and Local Knowledge
Although English is widely spoken, it’s advisable to work with a local representative who understands the nuances of Maltese business practices and administrative requirements.