Malta Company Formation – Everything You Need to Know

Malta Company formation refers to legally registering a business in Malta under the Maltese Companies Act, making it a recognized corporate entity. Malta is a popular jurisdiction for company incorporation due to its attractive tax benefits, EU membership, and business-friendly regulations.

Forming a company in Malta requires a few steps. Firstly, you must draft the Memorandum and Articles of Association and provide identification documents for directors and shareholders. These are submitted to the Malta Business Registry for review. You must also register for a tax identification number and VAT, have a registered office in Malta, and appoint at least one director and company secretary. Fortunately, Malta has an easy online process for registering the company, but the whole setup can take a few weeks.

This guide will detail everything you need to know about starting a business in Malta, including the benefits and step-by-step process involved in opening a company in Malta, tax implications, costs, and more.

You will learn:

• Benefits of Setting Up a Company in Malta
• Company Types and Names in Malta
• Requirements for Setting Up a Company in Malta
• Required Documents for Malta Company Formation
• Step-by-Step Process for Company Formation in Malta
• Regulatory and Compliance Requirements
• Taxation & Double Tax Treaties in Malta

01/ Private Limited Company (Ltd)

The Private Limited Company (Ltd) is the most common business structure in Malta. Shareholders’ liability is limited to the unpaid amount on their shares, offering protection for personal assets. It can be established by a single shareholder or multiple owners. The minimum share capital requirement is €1,165, with at least 20% paid up at incorporation.
The company name must end with “Limited” or “Ltd.” to show it is a limited liability company.

02/ Public Limited Company (plc)

A Public Limited Company (plc) is designed for larger businesses or those that plan to raise capital publicly. It must have at least two directors and two shareholders, and a higher minimum share capital than a private company.
The company name must end with “p.l.c.” to distinguish it from private limited companies.

Establishing a company in Malta requires compliance with specific legal, financial, and regulatory obligations. Below are the key requirements to ensure a smooth company formation process.

01/ Malta Company Incorporation – Shareholder

Every company in Malta must have at least one shareholder, who can be either an individual or a corporate entity.

• The shareholder holds ownership of the company through shares.
•  Corporate Shareholders can be Maltese or foreign nationals; there are no nationality restrictions
• The minimum share capital for a private limited company is €1,165, with at least 20% paid up at incorporation.
• The shareholder’s details must appear in the company’s Memorandum and Articles of Association, which are filed with the Malta Business Registry (MBR)

02/ Malta Directorship and Company Secretary

A Maltese company must appoint at least one director and one company secretary.

Director:

• A Private Limited Company (Ltd) must have at least one director, while a Public Limited Company (plc) requires a minimum of two directors.
• Directors can be individuals or corporate entities, and they do not have to be Maltese residents.
• However, having a local director is often recommended to simplify administrative and banking processes.

Company Secretary:

• Every company must appoint a company secretary responsible for maintaining company records, preparing annual returns, and ensuring compliance with Maltese law.
• The secretary must be an individual (not a corporate entity).
• If a company has only one director, the director and secretary cannot be the same person.

03/ Local registered office requirement

• A company in Malta must have a registered office address in Malta.
• The registered office address is where official correspondence is sent and must be maintained throughout the business’s operations.
• Companies can use corporate service providers for a registered office if they do not have a physical location.

To register a company in Malta, the following documents must be prepared and submitted to the Malta Business Registry (MBR):

• Memorandum and Articles of Association – This document outlines the company’s name, business activities, registered office, share capital, and details of shareholders, directors, and the company secretary.
• Identification Documents – Certified copies of passports or national ID cards for all directors, shareholders, the company secretary, and other diligence documents.
• Proof of Address – Recent utility bills or bank statements (not older than three months) for all company officers and shareholders.
• Bank Reference or Professional Letter – A reference from a bank or a licensed professional (such as a lawyer or accountant) confirming the good standing of the shareholders and directors.
• Share Capital Deposit Proof – Evidence that the minimum share capital has been deposited into a Maltese bank account.
• Registered Office Address – Documentation confirming the company’s registered office in Malta.
• Due Diligence Forms – Required under Malta’s anti-money laundering regulations for all individuals involved in the company.

Annual returns and financial statements

• All Maltese companies must file annual returns with the Malta Business Registry (MBR) to update company details.
• Companies must prepare financial statements in accordance with International Financial Reporting Standards (IFRS) or General Accounting Principles for Small- and Medium-Sized Entities (GAPSME).
• Financial statements audited are required for companies exceeding certain turnover thresholds.
• Profit and loss accounts must be submitted along with an income tax return to the Maltese tax authorities.

Licensing requirements for certain industries

• Some industries require specific licenses from regulatory bodies such as the Malta Financial Services Authority (MFSA) or the Malta Gaming Authority (MGA).
• Businesses involved in financial services, gaming, pharmaceuticals, and investment firms must obtain approvals before starting operations.
• Non-compliance with licensing rules can lead to penalties, revocation of business licenses, and legal action.

Anti-Money Laundering (AML) and KYC regulations

• Companies must comply with Anti-Money Laundering (AML) laws and implement Know Your Customer (KYC) procedures to prevent fraud and illicit activities.
• The Malta Financial Services Authority (MFSA) and the Financial Intelligence Analysis Unit (FIAU) monitor compliance.
• Businesses must conduct due diligence on clients, report suspicious transactions, and maintain records to prevent financial crime.

All Maltese companies are required to maintain proper accounting records that accurately reflect their financial position and transactions. Annual audited financial statements must be prepared in line with Malta Financial Reporting Standards or International Financial Reporting Standards, providing an accurate and fair view of the company’s finances.

Most companies are also required to have their accounts audited by a licensed Maltese auditor, although small private companies meeting certain thresholds may be exempt. These financial statements must be filed with the Malta Business Registry, along with corporate tax returns, as accurate records are essential for tax compliance and transparency. Companies must keep supporting documents for at least six years.

How Can Global Citizen Solutions Help You?

Global Citizen Solutions is a boutique migration consultancy firm with years of experience delivering bespoke residence and citizenship by investment solutions for international families. With offices worldwide and an experienced, hands-on team, we have helped hundreds of clients worldwide acquire citizenship, residence visas, or homes while diversifying their portfolios with robust investments. 

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