Malta: Non-profit/For-profit Company Registry Requirements

Company Types

Malta has been welcoming investors into the country since the early 1950s. This means that both private and public service providers are well aware of the requirements of an incoming operation. The process of setting up on the island is a straightforward and transparent one in which the investor is always kept updated as to what is required. Prospective investors often make use of a service provider from the private sector capable of seeing to all their legal and logistical requirements from company registration, access to banking facilities to recruitment of staff. Furthermore, Malta Enterprise has a specialised unit known as Business First tasked with providing a single point of contact to prospective investors or ongoing operations for their interactions with various government departments according to their requirements.

Malta has strong economic ties with EU countries, but also with states outside the European Union, which grants it a great advantage when it comes to foreign investments. Realizing the importance of foreign investment for the economic growth, the Government has designed different programs and schemes providing incentives or tax deductions for foreign entrepreneurs from various industries. Some of these incentives refer to the easiness of setting up different types of companies in Malta. Available types of companies in Malta The main types of companies available for registration in Malta are:

  • Limited liability companies,
  • Limited partnerships,
  • General partnerships.

The private limited liability company is the most employed type of business vehicle in Malta. According to the Maltese Company Act, a private limited liability company must have a minimum share capital of 1,165 euros. However, if the share capital does not exceed the minimum requirements, it must be fully subscribed upon incorporation, while if it exceeds the minimum share capital, at least 20% of the amount must be deposited. The private company is also required to have at least two shareholders, one director, one company secretary and a registered office. The legislation does not require for the company’s directors to be Maltese residents.

Limited liability companies may also be registered as public companies. This type of company is required to have at least two shareholders who will subscribe a minimum share capital of approximately 46,600 euros of which at least 25% must be paid upon the incorporation of the company. Compared to the private company, the public company must have at least two directors and may trade its shares on the Maltese Stock Exchange.

Foreign companies may also set up branch offices in Malta, while for individuals looking for a simpler way of doing business in the country, the sole proprietorship is the best option. Our experts in company formation in Malta can help you choose the right type of company.

Company formation in Malta

The most important documents when opening a company in Malta are the memorandum and articles of association. These must contain:

  • the type of company,
  • the name and residence of each shareholder,
  • the name of the company,
  • where the registered office in Malta is,
  • the objects of activity,
  • the share capital,
  • the number and the names of the directors,
  • the name and residence of the company secretary.

Copies of the passport or other identification papers of the directors and secretaries must also be submitted with the Maltese Trade Register. Foreign citizens are not required to come to Malta for the incorporation procedure. They can appoint a representative and give him power of attorney for legal representation.

Once the registration procedure is concluded, the company must also apply for a business license and other necessary permits depending on the activity to be carried out. The company must also apply for a tax identification number (TIN) and register for VAT. The last step is to obtain an employer identification number (PE number) and register its employees with the Employment Training Corporation (ETC).

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