A number of factors make Malta an ideal jurisdiction for companies to set up shop due to its attractive tax legislation. This has proved to be most advantageous to organisations whose main focus is international business activities. Integritas can guide you through the redomiciliation of companies to Malta.
Regulation on the Redomiciliation of Companies in Malta
Through the Continuation of Companies Regulations (Legal Notice 344 of 2002 which came into force on the 26th of November 2002 and as amended by Legal Notices 352 of 2003,181 and 186 of 2006, and 425 of 2007), it is possible to:
- Continue a company registered in another jurisdiction Malta; and
- Continue a company registered in Malta in a foreign country.
The law provides that companies formed and registered in an approved jurisdiction, being the European Union (EU), the European Economic Area (EEA), and the Organisation for Economic Co-operation and Development (OECD), may request to the Registrar of Companies the continuation of a company in Malta under the following conditions:
- The jurisdiction wherein the company was constituted has a provision in the law that authorises the continuation and registration of the company abroad; and
- The company’s charter, statutes, or memorandum, and articles of association provide for or authorise the continuation and registration of the company abroad.
Documentary Requirements for Company Redomiciliation
The Registrar of Companies in Malta will require the following documents:
- The resolution or equivalent document of the foreign company authorising it to be registered as being continued in Malta;
- A copy of the revised constitutive document;
- A certificate of good standing issued by the foreign competent authority, and
- A declaration signed by at least two directors of the foreign company.
Apart from these documents that must come along with the request, the Registrar of Companies in Malta will need other supporting information.
Moreover, a company registered under the Companies Act in Malta may apply to have the company registered as continued outside Malta. The request for the Registrar’s consent must come with other documents, including a declaration by at least two directors to confirm the necessary information. The company must also complete various requirements.