Comparison of the most common legal entity types in Malta
|
Private limited liability company (Limited/Ltd.) |
Public limited liability company (P.l.c) |
Partnerships (en Commandite and en nom collectif) |
Branch |
Minimum authorized capital |
EUR 1’200 of which at least 20% must be paid up |
EUR 46,600 of which at least 25% must be paid up |
n/a |
n/a |
Founders/Members |
|
At least 2 (two) |
At least 2 (two) |
Any corporation, wherever incorporated and whatever its legal form, may establish a branch in Malta. |
Status |
Legal person |
Legal person |
Legal person |
Is not considered as separate legal person |
Liability |
Limited to investment placed into business. (corporate veil rule-of-law applies) |
Shareholder liability is limited to the subscription capital of each shareholder. |
Partnership en Commandite obligations are guaranteed by the unlimited joint and several liability of one or more partners, the general partners. The other shareholders, the limited partners, are only liable for the share capital they have put into the partnership.
General partnership obligations are guaranteed by the unlimited joint and several liability of all its shareholders. However, partnership assets are used first, and only after that will the shareholders assets be used. |
Parent company is liable for the obligations of the branch. |
Legal address |
Every company registered in Malta must have a registered office in Malta. |
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Company Secretary |
A company must have a company secretary who should be a natural person. |
A company must have a company secretary who should be a natural person. |
n/a |
Can be appointed |
Management body |
|
Companies are managed by two or more managers/directors.
A statutory auditor must be appointed and must be a Maltese resident. |
The administration and representation of the partnership en commandite is vested in the general partner(s) |
Corporations intending to establish a branch or place of business in Malta must appoint an authorised representative in Malta. |