Malta has become an attractive destination for companies looking to re-domicile due to its favorable business environment and legal framework. Re-domiciliation, or the process of transferring a company's registration from one jurisdiction to another, involves several steps and requirements. Here is an in-depth look at how to re-domicile a company to Malta.
The process of re-domiciling a company to Malta is governed by the Continuation of Companies Regulations (Subsidiary Legislation 386.05) under the Companies Act (CAP386). This legislation provides a clear pathway for companies to transfer their domicile to Malta while ensuring compliance with local laws.
Malta offers numerous advantages for companies looking to re-domicile:
For holding companies, some additional benefits include:
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No withholding tax on dividends, income, or royalties
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Tax exemption on dividends
The Re-domiciliation Process
Once the necessary documents are prepared, they must be submitted to the Malta Business Registry (MBR). The MBR will issue a provisional certificate of registration, allowing the company to operate in Malta. Within six months, a final certificate of registration will be granted once the company ceases to exist in its former jurisdiction.
To be eligible for re-domiciliation to Malta, a company must originate from an approved jurisdiction where re-domiciliation is legally permissible. This ensures that the company can legally transfer its registration without violating the laws of its current jurisdiction.
The re-domiciliation process involves several key documents:
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Extraordinary Resolution: The company must pass a resolution by its members or shareholders approving the re-domiciliation.
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Constitutive Documents: These documents, such as the company's Memorandum and Articles of Association, must comply with Maltese legislation.
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Certificate of Good Standing: This certificate verifies that the company is compliant with the requirements of its current jurisdiction.
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Director's Declaration: A declaration by the directors regarding the company's name, current jurisdiction, decision to re-domicile, and solvency.
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List of Directors and Secretaries: A comprehensive list of the company's directors and secretaries before and after the re-domiciliation.
Our experienced team in Malta has acted in relation to numerous re-domiciliations, both into and out of Malta. We can assist and provide guidance throughout all stages of the process:
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Handling the entire re-domicilation process from the Malta side, including the necessary documentation, such as Directors’ resolutions, shareholders’ minutes, updated Memorandum and Articles of Association.