Malta Incorporation Specialist

A mixed jurisdiction.

This can be found under Chapter 386 of the Companies Act.

There are no restrictions; however, some activities such as gaming and financial services in Malta will require a license.

It usually takes between 24-48 hours or less, if all that is required is provided accordingly.

Yes, they are allowed in the form of branches (overseas companies) or continuation of companies.

The information includes the details of all the parties involved including their identity number, nationality, and residential address. Financial statements can be bought by anyone who has an account with Maltese Authority. On the other hand, anything related to financial matters such as mortgages and bank statements are not made available to the public.

One may choose any name; however, this cannot be similar to an already existing name. Therefore, we usually ask clients to provide us with three alternative names to make sure there is availability.

As long as the standard English alphabet is used, any name can be suggested. For instance, companies can be named in English and Italian, but not in Greek.

Designations allowed are Malta Co Ltd and Malta Company Limited/Co Limited/Company Ltd/Ltd/Limited.

The standard currency is the Euro (€); however, any currency is accepted.

€1,200, with at least 20% thereof paid up upon subscription.

Bearer shares are not allowed in Malta; however, one can protect a person might have legitimate reasons to protect his identity via corporate shareholders or through licensed fiduciary or nominees. Another possibility would be to incorporate a two-tier structure i.e. a Malta Trading Company in Malta and a Malta Holding Company in/outside Malta whereby the Malta holding will be the shareholder of the trading and thus, benefit for Malta’s tax refund mechanism (for an effective tax rate of 5% for a Malta Trading company).

One. It can be an individual or corporate shareholders (both are allowed) in Malta.

Yes.

One.

No, but it is advisable to appoint a Malta director if you want to confirm effective management and control in Malta, this will depend on the setup.

No. Any resident or non-resident can be a director of a Malta company.

Yes, as long as the company has more than one shareholder, in that case, we put a second shareholder with one share having no voting rights and no rights to dividends.

Yes, they can also be the director or shareholder themselves as long as, they are a physical person and not a corporate secretary.

No.

No.

Yes, this is referred to as a single-member private exempt Malta company (as long as there is no corporate shareholder or director).

Yes.

Yes.

Yes.

Yes.

Yes.

The first AGM should be held a year after the company’s incorporation and the maximum time interval between AGMs is one year.

Constitutional company documents, bookkeeping documents including financial statements, VAT returns, and tax returns.

Yes, as long as these are made available upon request.

Yes, statutory audits are required annually for any company size, irrespective whether the company trades or not.

Yes, annual fees will depend on the company’s share capital typically € 100 for minimum share capital, rising up to € 900 for a company with a share capital of € 1,000,000.

Yes, the Malta company is subject to a corporate tax, which is paid annually based on the company’s profit. The corporate tax rate in Malta is 35%; however when a company has foreign shareholders they are eligible for a 30% tax refund. This means that foreign shareholders pay only a 5% corporate tax in Malta.

This depends on the company’s activity, if the company is involved in trading then it is required to register; however, holding companies do not need to register for VAT.

Non-residents are not subject to withholding taxes on dividends. Dividends will be distributed after the corporate tax is paid; however, as explained above 30% will be refunded back to shareholders. No further taxes will be due by shareholders on such dividends as long as, the dividends are maintained in Malta. If such dividends are remitted to another country, adopting a higher rate, then such remittance will be taxed with the percentage difference.

More information is found on the MFSA website.

Malta is mainly used for trading and holding companies, whilst other jurisdictions are typically recommended as holding companies.

The above questions covered the most important points; however, should you have any other questions do not hesitate to contact us on info@maltaincorporationspecialist.com or visit our website www.maltaincorporationspecialist.com to purchase your new Malta or offshore company.

Malta Incorporation Specialist offers a secure system to its users whereby a company can be ordered online in order to expedite the process.

The online system was kept in its simplicity and is very user friendly in order to be accessible and used by anyone interested to incorporate a company according to the Companies Act Chapter 386.

Availability to the website will be 24/7 backed up by a very responsive team for any queries or assistance one might have throughout the application process.

An email address and a password needs to be supplied in order to get started. These log in details will need to be created once for each user irrespective of how many orders will be inputted by the user. It is important to keep in mind that the email address provided for registration cannot be changed at a later stage.

Passwords can have any combination of characters and can be reset by clicking on ‘Forgot your password?’ in the ‘Build Your Company’ page. An email will be sent to the specified address with all the necessary instructions to create a new password.

The inputted data will be automatically saved on the website for each respective user so that it will enable users to return to their applications at any time.

Once an application is complete the user will be presented with a summary screen for the incorporation and costs details for review before the payment screen.

Payment can be made through Direct Bank Transfer, Paypal or Wirecard.

Upon payment the user will receive an automatic order confirmation email.

A confirmation email will be sent to the user upon completion of payment with the company’s name and submission date. The order form will be reviewed by one of our team members for name availability, data validation and KYC documents.

When all the data is complete the user will be presented with an Authorization Form to be signed in original by one of the Directors of the company. This form will enable our team to submit the company’s application on its behalf with the Maltese Authority. We will be able to proceed with the submission of the application with the Malta Financial Services Authority only upon receipt of such form in original. This can be sent to us by mail, courier or in person.

The Malta company will be incorporated within three working days from when all the documents requested will be made available. Only when the Certificate of Incorporation will be issued by the Malta Financial Services Authority will the company be considered as approved and active. The submission of the order form through the website is only part of the initial stages for the company incorporation.

Apart from the Certificate of Incorporation, a copy of the Memorandum and Articles of Association will be sent to the user. These documents will confirm the official company details including:

• Company Name
• Registered Address
• Date of Incorporation
• Business Activities
• Share Capital
• Involved Parties within the Company

Through each stage of the application process the user will be asked to upload the necessary documents as part of the due diligence process.

The collection of KYC documents is an essential part of the initial stages for both the incorporation of a company and the opening of a bank account. This legal requirement differs between individual and corporate involved parties as follows:

KYC – INDIVIDUAL

• Valid Passport or Identity Card
• Proof of Address not older than 3 months
• Original Bank Reference confirming a minimum of 2 years relation with the bank
• Last 6 months Bank Statements
• Detailed Curriculum Vitae
• For Non-European individuals a Professional Reference of character nature not older than 3 months. This can be obtained from the bank or from a professional person (i.e. accountant, lawyer, notary etc).

KYC – COMPANY

• Certificate of Incorporation
• Memorandum & Association
• VAT Certificate (if applicable)
• For offshore companies:
  • Share Certificate
  • Register of Member
  • Register of Directors
  • Consent to act as Director
  • Resolution of Director in Writing
  • Resolution of Subscriber in Writing

It is important that all documents are presented in English language and Certified by a professional individual. Malta Incorporation Specialist offers the services of Translations and Certifications (if documents are seen in original) at an additional fee. For more information you can contact us on info@maltaincorporationspecialist.com