Setting up a company in Malta

1. I would like to set up a company in Malta to trade overseas. What is the procedure and what documents do I have to prepare? Do I have to be a Maltese resident to set up a company in Malta?
The procedure to set up a company in Malta is very straight forward and it only takes two working days for it to be set up.  We would require all due diligence documents on behalf of the shareholders of the company including copies of passports, bank and professional references and recent utility bills.  Non-residents (both companies and individuals) can set up companies in Malta and there are no restrictions on nationality and residence.

For further details, please do not hesitate to contact the firm’s tax and corporate services partner, Stephen Balzan, on sbalzan@act.com.mt.  If you would like to take up residence in Malta, please click here for more information.

2. If I set up the company in Malta, what is the amount of share capital that is required to register the company? Can I have the share capital denominated in a currency which is not Euro?
The minimum share capital is of €1,165 which can be 20% paid up.  This can be increased at any time after the incorporation of the company, but cannot fall below the minimum threshold. The share capital of the company can be denominated in any currency. The audited financial statements will then be prepared in the same currency and tax will also be paid in the same currency in which the company’s share capital is denominated.

For further details, please refer to our article on setting up a company in Malta, please click here.

3. I would like to act as director of my company.  What are my duties and obligations?
The director of a company is the person who is ultimately responsible for the affairs of the company.  Directors of a company must act honestly and in good faith in the best interests of the company and shall promote the well-being of the company.

For further details, please click here.

4. I would like to have total confidentiality. What options do I have?
Confidentiality is possible if you use the services of a fiduciary company which is licensed by the Malta Financial Services Authority (MFSA).  ACT is in a position to provide you this service through a company forming part of ACT Group of Companies. The names of the beneficial owners will not be divulged, neither to the public, nor to the Registry of Companies and Maltese tax authorities, except in certain serious circumstances which would warrant disclosure.

For further details, please do not hesitate to contact the firm’s tax and corporate services partner, Stephen Balzan, on sbalzan@act.com.mt.

5. Can the company I set up be used both for trading activities as well as to hold overseas investments?
Yes this is possible. A company set up in Malta can carry out different types of trading activities as well as hold investments, provided that the company is permitted to do so in terms of its objects clauses in the Memorandum and Articles of Association. The only restriction applies when the company is fully owned by one shareholder i.e. in the case of a single member company. In this case, the activities of the company will be restricted to one.

For further details, please do not hesitate to contact the firm’s tax and corporate services partner, Stephen Balzan, on sbalzan@act.com.mt. For further details, please click here.

6. I would like to engage a service provider who can provide me with a one stop shop. Is this possible if I engage the services of ACT?
Yes, ACT is in a position to provide you with all services which you require, including company formation, setting up of bank accounts, registration of the company with the tax and VAT authorities, accountancy services, VAT and tax compliance, preparation of financial statements, payroll services, compliance with the Companies Act amongst others. We can also act as company directors and company secretary while you may use our office as your company’s registered office.

For further details and information, please do not hesitate to contact the firm’s tax and corporate services partner, Stephen Balzan, on sbalzan@act.com.mt.

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