Malta Company Formation

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Malta

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Whenever you need to start doing business immediately in a European country and you need a company with a VAT number, you don’t have to wait for the bureaucratic procedures.

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Set up a Company in Malta

January 28, 2013, 9:09 pm
BridgeWest

Malta offers an encouraging environment for establishing a new business due to a permissive legislation structure. Many investors, domestic and foreign, are interested in setting up a company in Malta, as this country offers many incentives for starting any type of company, being a place open for economic and cultural development.

The procedure of setting up a company in Malta is rather complicated and it is composed of several well-structured phases and, in most cases, it is strongly recommended the help provided by an expert.

 

Preliminary activities before registering a public and private company in Malta

The next step in order to set up a company in Malta consists in providing a unique name for the business. The name can be verified online through a platform put in service by the Registry of Companies. The reservation is received in electronically form, via e-mail.

The founders must also deposit the minimum share capital for establishing the company, by opening a bank account and obtaining a certificate issued by the bank.

The minimum share capital that must be deposited for a private company in Malta is EUR 1,164.

Usually a lawyer or a specialized agency takes care of the memorandum and articles of association. These documents, along with the name registration and the certificate issued by the bank must be submitted to the Companies Registrar.

The articles of association must contain the company’s regulation and details regarding it, such as the name, the address, the form of business and the objective of the company, the availability term(if any), the names of the representatives and their powers, the name of the shareholders, details regarding the shares, the procedure of liquidation or transformation.

 

Registering the public and private limited liability companies with the Companies Registrar in Malta

The founders of the Maltese companies must submit the memorandum of association which should contain the name and residence of the subscribers, the name of the company, the registered office, objects of the company etc.

In the case of a public limited company in Malta another document containing the total amount of all the costs payable by the company or chargeable to it from its formation up to the time it can commence business and a description of any special advantage granted. The period of time to registration depends if all the documents are available and in order. Once the Registrar has all the documents and information, the company is registered within 2-3 working days.

 

 

Apply for a Trade License from the Trade Licensing Directorate

 

The next phase implied for setting up a company in Malta consists in obtaining the Trade License. This procedure can be started after receiving the certificate of registration and the Maltese investor must apply for the specific trade license, necessary to perform economic activities.

When the documentation is submitted, the company is register with the Trade Licensing Directorate in maximum 10 days.

For certain types of businesses, such as manufacturing or engineering activities, the founders must also apply for a special permit.

 

Tax registration number with the Inland Revenue Department

Each company established in Malta which carries activities in this country must register for receiving a Tax Identification Number at the Inland Revenue Department.

The foreign entrepreneurs have the possibility to register online for receiving this number. The application is checked and approved (or not) in maximum 8 days and a tax number is issued.

After taking the above steps, a new bank account needs to be open, which will be used for regular transactions.

 

Registering for VAT in Malta

When the certificate issued by the Companies Registrar in Malta is obtained, the owners of a public or limited liability company must register for VAT purpose.

In this sense, an entrepreneur must fill an application before the VAT Department of the Ministry of Finance of Malta.

The procedure can be done online and the application must contain the identification information of the company. When the procedure is finished, the company receives the VAT number within 7 days.

 

Registering for PE number

Any new company set up in Malta needs to obtain the PE number in order to hire employees.

In this sense, after the company receives the permission to commence business activities and after hiring the first employee, the founders of the company must register for receiving a PE number (employer identification number). The PE number is obtained from the Inland Revenue Department.

The employees need to be registered at the ETC (Employment Training Center). In the same time the registration for the Data Protection can be performed.

 

 

Setting up a Maltese company from abroad

The Maltese government welcomes foreign investment, encouraging foreign business development. A foreign investor wiling to set up a company in Malta should know that the same laws and regulations are applied for both national and foreign entrepreneurs. A foreign investor is free to use any currency desired and does not have to be a Maltese resident. Also, the incorporation process does not require physical presence in Malta.

 

How long does it take to set up a company in Malta?

Setting up a company in Malta requires time and rigorous knowledge about the internal regulations and laws.

Verifying the company name and preparing the necessary documentation for registration do not take more than two days to complete and the recording at the Registry of Companies can be completed in 2 or 3 days.

A trading license can be obtained in about 15 days, obtaining a TIN (tax identification number) and a VAT number lasts another 7 days each.

Other steps do no require more than two days to accomplish and the whole process of setting up a company in Malta takes around 40 days.

The rigorous procedures and the long timeframe implied are the main reasons for hiring a specialized person or agency in this field, in order to complete correctly all the steps of incorporation.

 

 

BridgeWest offers Company Formation in Malta.




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