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Types of companies in Malta

 

Malta’s Company Act of 1995 is principally based on English company law and is in conformity with EU Directives. The law generally contemplates the following types of business entities: Limited liability Company (private or public), partnerships, branch.

The most common legal form of entities in Malta is Limited Liability Company.

Using EnterHow incorporation services to incorporate your business can save you both time and money with service that is fast, reliable, and affordable.

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 two shareholders; however, it is possible to successfully register a Maltese company with only one shareholder provided the company fulfils certain conditions.

 

  • Shareholders in Maltese businesses can be either individuals or corporate bodies, and it is possible for the shares in a Malta company to be held by an authorised fiduciary, thereby keeping the identity of the beneficial owners fully confidential.

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.

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

  • A Maltese company is required to have at least one director, who may also act as the company secretary in certain cases.
  • It is possible for a body corporate to act as the director of a Malta business, although the role of company secretary must be filled by an individual.
  • Maltese business laws also state that an individual can be both a company director and shareholder.
  • AGM shall be held once a year.

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.