Company Re-Domiciliation

The Companies Act allows for the continuation of foreign companies to Malta. Subject to certain conditions, a company incorporated in a foreign jurisdiction may be struck off the register of the said country and incorporated in Malta as a continuing company, without having to go through the formal process of winding up and dissolution proceedings or the need of re-incorporating of the company in Malta.

Once a company re-domiciles to Malta it will be deemed to be resident and domiciled in Malta, thereby enabling it to fully benefit from the favourable corporate tax regime available to companies which have been incorporated in Malta from their onset.

In order for a foreign company to change its domicile to Malta

  • The foreign Company must be authorised to do so by the law of its country of incorporation, as well as by its statute. Evidence of the same must be provided to the Registrar
  • The Company’s MAs must allow the company to be re-domiciled
  • A request for such continuation must be made to the Registrar of Companies, which request must be accompanied by:
  1.  A resolution in the English language, alternatively a certified translation thereof, authorising the Company to be registered and continued in Malta
  2. A copy of the revised constitutive documents of the foreign company, ensuring that all the necessary requirements with registration of a local company are compliant
  3. A certificate of good standing of the foreign company
  4. A declaration of the directors confirming the name of the foreign company and that name under which it will be continued, the jurisdiction and date of company incorporation, the decision to redomicile to Malta and that formal notice thereof has been given to the relevant authority, and that no proceedings are pending against the foreign company in the said foreign jurisdiction. A declaration of solvency must also be made, confirming that there are no circumstances which they are aware of, which could negatively effect the foreign company which is to be continued, for a period of 12 months.
  5. A list of directors, company secretary if any, and in default, persons versted with the administration of the foreign company.

 

FS Malta provides assistance to companies wishing to re-domiciliate themselves to Malta.

Our Services include :

  • Advisory on the re-domiciliation process
  • Ensuring that the terms and conditions for the process are fulfilled
  • Collection and vetting of required documents
  • Due diligence

 

 



For further information about our services click here.