Malta Company Formation Agents

Company formation in Malta should be much more than just having a company. Anyone can open a company, but is it the right structure for you? Having the right setup means that one will be operating more efficiently, pay less taxes and incur less expenses. For this reason, it is very important that prior to setting up a new company, you understand and explore all the different options which are at your disposal. This is where Malta company formation agents can help

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Where do I get started?

Operating your own business provides you with a number of opportunities as well as additional challenges which were often overlooked when in employment. At Borg Galea & Associates, we can help foreign investors to make sure that they are on the right track by providing them with continuous administrative support and advise as they go along.

One of the very first challenges you will face revolves around the form and structure you would like your new business to have. Should you operate as a sole trader or should you have a private company or are you in business with someone else and are considering a limited or general partnership? Are you a non-domiciled individual and interested in having a Malta tax efficient structure?

During the preliminary meeting, our experts will pose a series of questions to help you determine which structure fits best your needs, how VAT and taxes work in general, what is required and how to register for each one of them. We are able to assist you with all the required. We can offer you a comprehensive package which includes a preliminary meeting with one of our experts, the company’s incorporation, VAT registration, international tax planning, registered address, accounting and also auditing services.

What is a company and are there different structures available?

A company is the most common form given to businesses around the world. Sometimes companies go by different names. Companies in Malta is seldomly referred to as a limited or ltd in short, in the UK it goes by public or private Limited Liability Company (LLC). While company names often differ, the concept remains fairly the same.

Other structures that might be of interest to you include

  • Public Companies
  • Partnerships
  • Foundations
  • Trusts

One of the main distinctions between a limited company and a sole trader is the fact that a company has its official identification. Setting up a corporate entity keeps a clear distinction between the assets, liabilities and the overall business of the company and that of its shareholders. Any liabilities which are due by the company are not the responsibility of the shareholders unless otherwise agreed upon when the debt is being arranged. Similarly, any assets which are held by the company are not owned by the shareholders.

Apart from the many different structures available to choose from depending on your needs, one also has to analyse what sort of company fits your requirements best as there are two options at your disposal. One can opt to have a public or private limited company.

If you are envisaging raising share capital in the form of public bonds or would like the company shares to be public, the likelihood is that you will need to set up a public company. Public Maltese companies are much rarer than private companies and the administrative burden to keep a public company are by far greater than that of a private company.

How long does it take to open a Company?

This question is at the top of the list of everyone interested in opening a company in Malta. While the easy answer to this is that it only takes the Malta Business Registry a few days, usually 2 days to open a company in Malta, this process should not be rushed and one needs to make sure to be 100% confident in the structure which is being proposed and that the Malta company incorporation documents such as the Memorandum and Articles of Association clearly reflects the intentions of the shareholders and has the management mechanisms desired.

Key Management of the Company

Prospective company owners should also dedicate some time to shortlist potential personnel to fulfil strategic company positions. Every Maltese company should have the following: 

  • Company Director
  • Judicial or Legal Representation
  • Company Secretary

Each position carries with it different responsibilities and in some instances, the same person cannot fill all roles.

Reporting Obligations

Any company operating in Malta is required to submit to the Malta Financial Services Authority its audited financial statements, annual return, beneficial owner forms if applicable and any changes in the company structure as might be required from time to time.

In addition, Malta companies would have to submit on a periodic basis their VAT returns, if registered for VAT and their tax return on an annual fee basis.

In addition, one also has to take into consideration industry-specific regulations and reporting requirements if the company will be operating in niche markets such as gaming, insurance and others. In such cases, one would also be bound to report to the competent authorities as required by the specific legal act governing the license in question.

Disclaimer

Company Formation services at Borg Galea & Associates are provided by DW&P Services Ltd. (C 103208) which is regulated by the MFSA and is licenced under Authorised Person ID: DSER-23577 to carry out the activities of a Class C CSP in terms of the Company Services Providers Act (Cap. 529 of the Laws of Malta).

For professional assistance, please contact:

Picture of Nathaniel Borg

Nathaniel Borg

Director & Founder

Contact us to learn more

To learn more about our services, do not hesitate to get in touch. Kindly submit your information via the form and one of our expert advisors will get in touch with you within 24 hours. Alternatively, do not hesitate to give us a call on +356 2703 7012 or just send us an email on info@borggalea.com.

Contact us to learn more

To learn more about our services, do not hesitate to get in touch. Kindly submit your information via the form and one of our expert advisors will get in touch with you within 24 hours. Alternatively, do not hesitate to give us a call on +356 2703 7012 or just send us an email on info@borggalea.com.

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