FAQ

FAQ: Setting Up a Company in Malta 

Our Frequently Asked Questions (FAQ) provide you with information about setting up a company in Malta.

FAQ: Setting Up a Company in Malta
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 [email protected].

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.
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 [email protected].

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.
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 that would warrant disclosure.

For further details, please do not hesitate to contact the firm’s tax and corporate services partner, Stephen Balzan, on [email protected].

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 [email protected].

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Corporate Taxation in Malta

Maltese companies are subject to tax at the rate of 35% on their worldwide income and capital gains. Malta grants various fiscal incentives to both companies and their shareholders upon the distribution of a dividend.

Setting up a Company in Malta

Setting up a company in Malta is a relatively straight forward procedure and can be set up within 2 working days, provided we are in receipt of all the information, funds and due diligence documentation we need.

Taking up Residence in Malta

Warm climate, friendly people, excellent communication infrastructures, low criminality and many other features of the Maltese islands have made Malta an excellent destination for people to take up residence in.

Remote Gaming in Malta

Malta was the first EU Member State to specifically regulate the remote gaming industry in 2004 and has ever since established itself as one of the prime jurisdictions for remote gaming operators. The Malta Gaming Authority (“MGA”) is the regulatory of gaming in Malta.

Payment Institutions in Malta

Malta has become a destination of choice for the setting up of Payment Institutions (also referred to as Payment Services Providers or PSPs). A number of advantages have contributed to this success, e.g. fiscal incentives granted.

Electronic Money Institutions in Malta

Malta has recently seen an increase in the number of Electronic Money Institutions (EMIs) looking to set up their operations in Malta. This has been largely due to the growth in the e-commerce and the i-gaming industries.

Initial Coin Offering (ICO) Services in Malta

Malta has always been on the forefront of technology and innovation. A number of initiatives have been launched, aimed at establishing an innovative and attractive regulatory framework for entities operating in the blockchain industry.

Prospects – Services of a Corporate Advisor in Malta

‘Prospects’ is a new platform set up by the Malta Stock Exchange in line with its commitment to open up new capital market opportunities, create economies of scale and to afford businesses more competitiveness and sustainability.

Assistance to Family Businesses in Malta

Malta has recently introduced legislation to encourage good governance in the management of family businesses, to assist family businesses to operate in an efficient way and to assist in the transfer of business from one generation to the other.