Malta - International Holding Company

Company Type	Time to Incorporate	Cost
IHC	1 week	£2540

Malta - A Guide to the Registration of Companies

A limited liability company is the most common form of business in Malta and is validly constituted in accordance with the Companies Act once a memorandum of association is entered into and subscribed by at least two persons and a certificate of registration is issued in respect thereof by the Registrar of Companies.

Private Company

A private company is a company that must, by its memorandum or articles:

• Restrict the right to transfer its shares
• Limit the number of shareholders to fifty
• Prohibit any invitation to the public to subscribe for any shares or debentures of the company

Memorandum and Articles of Association

The Memorandum of Association must specify the objects for which the company is incorporated. The objects may not be simply stated to be any lawful purpose or trade in general.

• Whether the company is a public company or a private company
• The name and residence of each of the subscribers thereto
• The company name
• The company's registered office in Malta
• The objects of the company
• The amount of share capital with which the company proposes to be registered (also referred to as the authorised capital), the division thereof into shares of a fixed amount, the number of shares taken up by each of the subscribers and the amount paid up in respect of each share and, where the share capital is divided into different classes of shares, the rights attaching to the shares of each class
• The number of the directors, the name and residence of the first directors and, where any of the directors is a body corporate, the name and registered or principal office of the body corporate; the manner in which the representation of the company is to be exercised, and the name of the first person or persons vested with such representation
• The name and residence of the first company secretary
• The period, if any, fixed for the duration of the company
• In respect of each shareholder, director and company secretary, the number of an official identification document should also be given
• The total amount or an estimate of all the costs payable by the company or chargeable to it by reason of its formation up to the time it is authorised to commence business, and of all the costs relating to transactions leading to such authorisation
• A description of any special advantage granted, prior to the time the company is authorised to commence business, to anyone who has taken part in the formation of the company or in transactions leading to such authorisation

The memorandum of association may be accompanied by the articles of association, which is a document which prescribes the internal regulations of the company.

If articles of association are not registered, it is assumed that the model articles of association found in the First Schedule to the Companies Act have been adopted.

The memorandum and articles, if any, must be delivered to the Registrar of Companies who, being satisfied that all the requirements of law have been complied with, shall register them. A company comes into existence from the date of registration indicated in its Certificate of Registration.