Company Law is one of the firm’s main areas of specialisation. The firm provides both ongoing company law advice and compliance services as well as advice on more complex matters such as mergers, divisions, take-overs and re-structuring. We also assist companies seeking to obtain a listing on the Malta Stock Exchange, particularly in drawing up the necessary legal documentation.
The firm also advises its clients on the setting up of appropriate corporate structures for particular business ventures or transactions and on the most tax efficient structures to be adopted in particular cases. Our services in this regard include advice on the appropriate structure, incorporation of the chosen corporate structure, whether in Malta or overseas, as well as assistance in connection with corporate administration and compliance with legal obligations.
The firm also assists clients wishing to set up commercial partnerships in Malta and provides all required support services to such partnerships.
Limited liability companies
The most popular form of corporate vehicle in Malta is the limited liability company. This is formed by means of capital divided into shares which are held by its members. The liability of the members is limited to the amount, if any, unpaid on the shares respectively held by each of them. Furthermore, a limited liability company may be constituted either as a public or as a private company. There are no restrictions on the nationality or residence of shareholders or directors of Maltese limited liability companies. Shareholders or directors of Maltese limited liability companies can be individuals or corporate bodies registered in Malta or abroad. It is also possible to set up single member companies in Malta, subject to certain requirements being met.
Limited liability companies may be set up with a minimum share capital of under Euro 1200 (USD 1500 approximately), whereas there is no maximum share capital requirement.
Shares in a limited liability company may also be held by a trustee or through an authorised fiduciary services company in the name and on behalf of the beneficial owners. EMD Trust Services Limited, a group company of the firm, is authorised by the Malta Financial Services Authority to provide trustee and co-trustee services as well as fiduciary services.
Branches
Maltese company law provides that any company registered outside Malta which establishes a place of business (a branch) in Malta, must be registered as an overseas company with the Registrar of Companies within one month of the establishment of such place of business in Malta. In default of such, the company and its representatives in Malta are liable to a daily penalty until such time as the required registration is effected.
The firm can assist such overseas companies with all their requirements to register their branch in Malta as well as to comply with their on-going legal obligations.
Further information may be obtained from our fact sheet on Malta Companies and Taxation