Malta released in 2002 a legislation regarding the relocation of foreign companies in the country. The same legislation allows Maltese companies to be relocated to other countries. Relocation of a company to Malta is subject to certain regulations and applies to foreign companies in several countries only. Among the countries the legislation allowing company relocation refers to are countries in the European Union and European Economic Area. In order to redomiciliate a company to Malta, the legislation of the country where the foreign company is registered must allow company relocation. Also, the foreign company’s articles of association must permit company relocation.
Company relocation procedure in Malta
Foreign companies relocating their business activities must first submit a request to the Maltese Companies Register. The application must be accompanied by the following documents:
- – a resolution allowing the company to relocate to Malta,
- – a copy of the articles of association amended in order to comply with the Maltese Companies Law,
- – a certificate of good standing issued by the Trade Register in the country where the company was registered,
- – a declaration signed by two administrators stating the relocation of the company to Malta,
- – the registration fee that depends on the share capital of the company to be redomiciliated.
The declaration stating the migration of the company to Malta must contain certain elements, such as the original name of the company and the name under which it will carry out the business in Malta, the country where it was incorporated and the date of its incorporation and the decision to relocate the company. The company must announce the authorities in the country it was registered in about the redomiciliation to Malta. Additionally, the names the company’s directors and secretary must be declared.
Requirements for relocating foreign public companies and licensed companies to Malta
When it comes to special types of companies that include foreign public companies and companies requiring special business licenses, the Maltese laws have different provisions for their relocation. Foreign companies undertaking licensable activities must obtain the approval of the relevant authorities in the foreign country and then apply for the specific license with the Maltese authorities.
Foreign public companies relocating their business activities to Malta must provide additional documents, such as details about the shareholders of the company.
You can contact our Maltese agents for additional information about company relocation.