Frequently Asked Questions

FAQs

What is the principal difference between a Private and a Public Company?

Companies may be constituted as private or public companies. A private company is one that, in its constitutive document, restricts the rights to transfer shares, limits the number of its members to fifty and prohibits any invitation to the public to subscribe for any shares or debentures of the company. A private company can further be established as a private exempt company or a single member private exempt company. By exclusion, a public company is defined as a company that is not a private company.

How does one constitute a Malta Company?

Companies and other forms of commercial partnerships are formed by agreement between shareholders or members which agreement is articulated in the Memorandum and Articles of Association.

In comparison to other options for conducting a business activity (a sole trader or partnership for instance) the company provides limited liability to the shareholders with liability being limited to the amount unpaid on the company’s issued called up share capital.

What is the minimum share capital requirement for a Malta Company?

Private Company: the minimum share capital is of €1,165, of which at least 20% has to be paid up.

Public Company: the minimum share capital is of €44,588, of which at least 25% has to be paid up.

What currency must the share capital be denominated in?

Capital may be denominated in any foreign convertible currency which is then the reporting currency of the company. Tax is also paid in the company’s reporting currency.

The relevant amount must be deposited in a bank account under the name of the company in formation. The deposit slip should then be presented to the Malta Business Registry as proof of the deposit of capital at incorporation stage.

What is the required minimum number of shareholders in respect of a Malta Company?

The number of shareholders is normally two, however, companies may also be registered with a single shareholder. Shares may be held, amongst others, by individuals, corporate entities, trusts or foundations. Shares in Maltese companies may be held on behalf of the beneficiaries by a regulated trustee.

There are no restrictions on the nationality and residence of the shareholders.

How long does it take to incorporate a Malta Company?

The incorporation process is relatively swift taking between 2 to 5 days from the provision of all information, due diligence documents and remittance of funds.

The Memorandum and Articles of Association are presented to the Malta Business Registry for registration together with evidence that the paid-up share capital of the company has been deposited in a local bank account.

Where must the Registered office of the Malta Company be established?

The company’s registered office must be in Malta.

Which officers must be appointed to a Malta Company?

A Malta company must have a minimum of one director and a company secretary. It is possible to have a corporate director, however, the company secretary must be an individual. In certain cases, it is possible for a director who is an individual to also be appointed as the company secretary. There are no requirements in relation to the residence of directors or company secretary, however it is normally advisable to appoint Malta-resident directors as along with consideration of other factors, this is likely to be a key factor in ensuring that effective management and control takes place in Malta.

Are Audited accounts required to be prepared?

Annual audited accounts need to be prepared under IFRS in respect of large companies and under General Accounting Principles for SME’s (“GAPSME”) in respect of small and medium sized companies. GAPSME is tailored towards the needs of small and medium enterprises by simplifying some of the principles of IFRS and also reducing disclosure requirements.

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“Nissim’s knowledge of the Private Equity space is excellent. His support and that of his team had a positive impact on our deal origination team.”

Gregory Roberts Baxter -MD – Atlantic Growth Capital (Sydney)

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Ed Williams – Head of Value Creation- Actis Group (London)

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“Nissim is a very experienced professional, highly credible and respectable. He approaches his business tasks with great care, a high level of motivation and commitment.”

Ing. Martina Rošková- Managing Partner-PRIVILEGE CAPITAL

(Prague)

“I had the privilege of working with Nissim on a series of transactions that spanned debt and equity capital raises using complex international structures. His friendly, approachable character made every interaction enjoyable, and his attention to detail, responsiveness and ability to pre-empt issues ensured successful outcomes.

I recommend Nissim for anyone looking for high quality advice with optimal results.”

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Abie International Limited is authorised to act as a Company Service Provider by the Malta Financial Services Authority

Location

The Watercourse
Central Business District-Zone 2
Mdina Road
Birkirkara CBD 2010
Malta

Contact

+356 2149 3316
nohayon@abieinternational.com.mt