The Maltese Registry of Companies falls under the supervision of Malta Financial Services Authority (MFSA) and it was enforced by the Companies Act of 1995. The Trade Register in Malta has an online system that allows owners to register a company, to search for information about companies and to reserve company names.
The Maltese Trade Register has multiple duties, but the most important of them are:
- registering new companies;
- registering documents for the incorporation of Maltese companies;
- maintaining the companies register up to date;
- collecting registration and other taxes;
- publishing information about companies;
- issuing incorporation certificates;
- issuing good-standing certificates;
- reserving, verifying and approving companies names;
- imposing and collecting penalty fees;
- investigating companies and revising companies’ documentation.
The documents the Companies Register in Malta require upon incorporating a company are:
- an application form,
- the memorandum of association,
- identification papers of the shareholders and directors of the company,
- identification papers of a secretary (the Companies Act requires that all companies registered in Malta have a secretary),
- a proof that the minimum share capital has been deposited.
The minimum share capital for a private limited company is approximately 1,200 EUR and 20% must be paid upon incorporation, while the minimum share capital for public companies is approximately 47,000 EUR and 25% must be paid upon incorporation.
The most important document when incorporating a company in Malta is the memorandum of association. It must contain the name of the company, its status (whether it is private or public), the registered office, details about the shareholders, directors and secretary, the object of activity of the company, the amount of share capital, the nominal value of the shares and number of shares each shareholder has and details about the legal representatives of the company.
Once all the documents have been submitted, checked if they are compliant with the requirements of the law and approved, they will be submitted and preserved by the Register of Companies until the registration fee has been paid.
Then the Maltese Trade Register issues the certificate of incorporation that acknowledges the new company’s existence and it allows it to conduct business operations, open bank accounts and own properties.