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Redomiciliation of a Foreign Company to Malta

Updated on Thursday 23rd September 2021

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Malta-to-launch-new-signle-business-inspectorateForeign companies registered outside Malta are allowed to conduct business activities through the redomiciliation procedure. Company redomiciliation to Malta happens mostly due to the country’s skilled labor force or a great infrastructure. The regulation and incentives for foreign investments have also led to a great number of companies wanting to redomicile to Malta. Those interested in starting a company in Malta as a foreigner can discuss about the process with our company incorporation specialists in Malta.
 

Conditions for company redomiciliation to Malta

 
The Maltese law has changed in the past few years and, according to the Legal Notice 344/2002 in the Companies Law, if some requirements are met, foreign companies can change their domicile. The first step to company redomiciliation is registering the business in Malta. Other requirements for company redomiciliation to Malta are:
 
  • The company must have a legal status recognized by the Maltese laws.
  • The laws of the country the company was incorporated in must approve the company’s migration. Usually, foreign authorities issue a statement agreeing to the redomiciliation of a company.
  • The company must be registered under a consented jurisdiction by the Maltese Trade Register. Currently, the Malta Companies Register approved migration of companies from EU, EEA, and OECD member states, but also Bahamas, Bermuda, British Virgin Islands, Cayman Islands, Gibraltar, Guernsey, Isle of Man, Jersey, and Mauritius.
  • The articles of association of the company allow the firm to undertake business activities in another country.
 

The registration procedure for company redomiciliation to Malta

 
In order to migrate a company to Malta, the following documents must be submitted with the Maltese Registrar of Companies:
 
  • An application form released by the Trade Register in Malta.
  • A decision of the foreign company allowing the registration of the company in Malta.
  • the articles of association of the company that must comply with the Maltese laws regarding the minimum share capital, the registered office, the shareholders, directors, and secretary of the company.
  • A certificate of good standing issued by the Trade Register of the foreign country the company was incorporated in.
  • A statement signed by two or more directors of the company containing the name of the company overseas, the name of the company in Malta, the country it was first incorporated in, the decision of incorporating a company in Malta, evidence that the company gave notice to the authorities in the foreign country for continuing the business in Malta.
  • A list of the directors, secretary and, if it is the case, the administrator of the company.
  • Other documents required by the Maltese Trade Register.
  • The company registration and additional fees.
 

Advantages of redomiciliation to Malta

 
Redomiciliation of companies to Malta has many benefits and among the most important are:
 
  • There is no exit, set-up taxes, or duties for migrated companies.
  • Companies can apply for tax refunds.
  • Companies can benefit from Malta’s participation exemption tax system.
  • Malta’s double taxation agreements apply to foreign companies as well.
  • Companies have access to EU Directives.
 

Frequently Asked Questions

 
Our local agents receive questions about company redomiciliation, but also about starting a business in Malta as a foreigner. Therefore, we have prepared some of these questions, hoping that the answers will be useful before you collaborate with our specialists.
 
1. What does company redomiciliation to Malta mean?
Redomiciliation is the same as domestication or company migration. Through this process, a company transfers its domicile to another country, in this case, Malta. This does not mean interrupting activities.
 
2. Why are foreign investors interested in redomiciliation to Malta?
Company migration to Malta is often the optimal solution for foreign investors who want to benefit from better and more advantageous legislation, compared to the one from the country of origin. Experienced workforce, and quality infrastructure are other reasons for the company redomiciliation to Malta.
 
3. How is the company redomiciliation to Malta?
Company migration to Malta starts by registering a foreign business in this country. The Maltese Trade Register is the institution that deals with the approval of the resettlement of foreign companies in Malta.
 
4. What documents are required for company redomiciliation to Malta?
A statement from the foreign authorities approving the migration to Malta, a copy of the Articles of Association, an application form provided by the relevant Maltese institutions, and a decision stipulating the company's agreement to relocate are some of the documents required. for this transfer process. More about starting a business in Malta as a foreigner can be discussed with our agents.
 
5. Is there a need for information about the managers of the company to be relocated to Malta?
Of course,  one must prepare and provide a list of the names of the directors, administrators, and secretary of the company transferred to Malta. These redomiciliation formalities can be discussed leisurely with our team of experts in the field.
 
6. Is a company domiciled in Malta protected in the European Union?
Yes, companies relocated to Malta are protected by EU directives. You can discuss more about this topic with our team of company formation agents in Malta.
 
7. How are companies domiciled in Malta taxed?
Companies transferred to Malta are subject to income tax, applied to worldwide income. In addition, these companies also benefit from tax refunds.
 
8. Are companies domiciled in Malta protected by double tax treaties signed by this country?
Yes, companies relocated to Malta benefit from the protection offered by double tax treaties signed with countries around the world. This means that double taxation is eliminated by various legal methods, and tax evasion is avoided. Please talk to our specialists about starting a business in Malta as a foreigner.
 
9. Can companies from the Isle of Man, Bermuda, Bahamas, Gibraltar, or the British Virgin Islands be transferred to Malta?
Yes, Malta accepts the redomiciliation of foreign companies from the European Union, EEA, but also from countries such as those mentioned above, as long as the legislation in force is respected. We remind you that support and assistance can be offered to you from the very beginning by our Maltese agents.
 
10. Is the resdomiciliation process in Malta complicated?
If the formalities are followed and if the Maltese authorities provide the necessary approvals, then the redomiciliation of a foreign company can be done quite easily. In addition, the entire process will not take more than a few days, with specialized help provided by our agents.
 

Making investments in Malta

 
Malta is a top destination for foreign investors looking for security and financial stability, consistent profits, a strong economy, and multiple development opportunities. Accessing international markets without any restrictions, but also an advantageous taxation system are other strengths that foreign investors appreciate when listing Malta for future investments. Here are other interesting data and statistics:
 
  1. Around USD 14,99 billion represented Malta's GDP in 2019.
  2. According to the 2020 Doing Business report and the simple business development formalities, Malta was ranked 88th out of 190 world economies.
  3. Around EUR 206 billion was the total FDI in Malta in 2010.
 
If you want details about company redomiciliation and about starting a business in Malta as a foreigner, you can contact our Maltese agents in company formation.
 

 

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