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Company Formation Malta
Rely on our expertise in establishing your Maltese company. We offer you comprehensive advice and support with aspects that go beyond just incorporation.
The incorporation service of Dr. Werner & Partners is a core area of our firm. We have helped hundreds of clients incorporate an entity in Malta, and we are still busy assisting clients to this very day. The company’s incorporation is typically the result of extensive consultation between our in house experts and the clients. Due to the constantly growing requirements of the EU, Malta, and the OECD, the administration and maintenance of a company in professional hands is essential for you as an entrepreneur. Penalties for failing to submit various documents now threaten to be in the four-digit range. As a service-oriented and client-oriented firm, we have digitised certain aspects, particularly the submission of documents to relevant authorities, as part of our incorporation and company maintenance process at DW&P Dr. Werner & Partners, to ensure that the relevant documentation is always submitted in a timely manner. If you would like to know more about our way of working, feel free to check out the “About Us.” section. We precede every incorporation with a comprehensive consultation. This is due to the fact that, while incorporation itself may not be a daunting task, the legal ramifications, particularly those related to taxes, along with the formalistic requirements for a well-maintained company, can swiftly initiate a complex causal chain that is irreversible. Due to international harmonisation of tax laws, the incorporation of a company abroad is still easily possible, but various mechanisms would make this difficult if the wrong motivations are behind a company formation. Therefore, it is crucial to consider the following factors in today’s market:
Comprehensive requirements, such as the 4th and 5th Anti-Money Laundering Directives, further ensure that the process around company formation in Malta is quite extensive, and the incorporation itself only forms the smallest part of the overall process. So, a large part of our service is not just incorporation of the entity but building the structure that is suitable for each company to succeed in the market.
Accordingly, preparation and consultation in advance are essential. There are many instances wherein we advise against setting up an entity in Malta if we deem that a company set up in Malta is not ideal for a prospective client.
We at DW&P Dr. Werner & Partners are one of the leading firms for German-speaking clients regarding Malta. Thanks to our broadly positioned team consisting of lawyers, international tax advisors, accountants, and qualified specialists, we are able to provide you with comprehensive strategic advice. Corporate services at DW&P Dr. Werner & Partners are provided by DW&P Services Ltd. (C 103208), regulated by the MFSA and licensed under license number DSER-23577 to carry out the activities of a Class C CSP under the Company Services Providers Act (Cap. 529 of the Laws of Malta).
Our consulting services around company formation in Malta are aimed at entrepreneurs and companies who want to benefit from the advantages of a Maltese company structure. Our services are particularly suitable for:
Our range of services offered as part of a company formation at DW&P Dr. Werner & Partners includes consulting, company formation, and the entire management of your company. Initially, we offer a strategic and technical consultation in which we examine your current company structure or current business situation and find an optimal solution that fits your corporate structure. Additionally, you will go through an onboarding process where our compliance team reviews your business. In addition, we provide our clients with the mandatory company secretary service. This service allows DW&P Dr. Werner & Partners to sign and submit most of the forms required by the MBR (Malta Business Registry). This facilitates smooth communication between the authorities and the company, assuring clients of the timely submission of forms and other formalities as mandated by Maltese law. Additionally, DW&P Dr. Werner & Partners will handle all communication and correspondence with government and regulatory authorities throughout the year, so you don’t have to worry about anything and can invest your time in your business. We will prepare all necessary forms and ensure timely submission to the MBR if you wish to make changes within your company, such as transferring shares, changing the registered office, or appointing and removing directors. Maltese law requires companies to submit an annual return, which we at DW&P Dr. Werner & Partners can also prepare and submit on your behalf to the MBR, together with an annual confirmation on beneficial ownership, where applicable.
At DW&P Dr. Werner & Partners, we have professional staff who are meticulous in ensuring that our clients always receive the best possible service. Thanks to our diverse team of lawyers, accountants, and qualified specialists, we can offer all services related to company formation and management internally. Our team handles all company-formation tasks, ensuring seamless service. Working with DW&P Dr. Werner & Partners offers security not only during the company formation process but also throughout the year in terms of company management. Over the years, we have built a good relationship with the Maltese authorities, and our clients benefit from this. At DW&P Dr. Werner & Partners, we keep abreast of any changes in laws and can take action as and when needed. Our clients can focus on growing their businesses whilst we take care of all services internally in the areas of law, taxes, management, personnel, accounting, and auditing. Our internal services ensure smooth and conscientious communication between the various departments, which is crucial for Maltese companies.
The formation process, which includes the onboarding process, usually takes about 2–3 weeks, depending on the prompt provision of all required documents and information by the client. However, it can take longer if additional approvals or documentation are required. We place extreme importance on carrying out the process thoroughly and in compliance with the law, even if this takes more time.
Malta offers various tax benefits, such as a low effective corporate tax rate and attractive refund mechanisms for dividends. However, these benefits are only meaningful if your company engages in substantial economic activities in Malta. If the main reason is only tax optimisation without real business activity, we advise against the formation of a company in Malta.
If no other company has already registered under the same or a very similar name, a Maltese company can register under any name. However, the MBR can also reject the registration of a company name if it considers it offensive or undesirable. A company name can be reserved for a period of three months. This reservation would prevent another company from using the proposed company name.
In Malta, you can establish various types of companies, such as a Limited Liability Company (Ltd), a Public Limited Company (PLC), or partnerships. The best format for your business will depend on your specific business requirements and goals. We provide in-depth advice to ensure that the chosen structure optimally meets your needs.
Yes, the Companies Act stipulates that in the case of a limited liability company, the minimum share capital should be no less than €1,164.69, while in the case of a public company, the authorised share capital should be no less than €46,587.47. A limited liability company must pay up to 20% of the nominal value of each subscribed share when signing the memorandum of association, whereas a public company must pay up to 25%.
Yes, you need a physical registered office in Malta. This must function as a proper business address and comply with legal requirements. It is important that the office not only exists formally but is also actively used. A virtual office without real business activities can lead to legal and tax issues. This is especially the case if you have other locations outside of Malta. If you live in Malta and are starting a new company here, this does not apply.
No. Incorporation only makes sense in Malta if real value creation is possible. It depends on the individual case and our advice will vary accordingly.
Strategic and technical consultation for the optimal structuring of your company.
Provision of a Company Secretary for filing forms with the MBR.
Management of communication and correspondence with government and regulatory authorities.
Handling all formalities for changes such as share transfers or changes in the company's registered office.
Preparation and submission of the annual report in accordance with Maltese law.
Management of mail reception and forwarding.
Assistance with tax registration and compliance.
Registration with social security for directors.
Assistance with opening bank accounts in Malta and abroad.
Junior Partner
Dr. Rebecca Camilleri
Senior New Business Manager
Horst Wickinghoff
Business Development Manager
Andrew Fenech
Always free of charge.
DW&P Dr. Werner & Partners. One of leading tax & law firms in Malta.
Services
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Corporate Services at DW&P Dr. Werner & Partners are provided by DW&P Services Ltd. (C 103208) which is regulated by the MFSA and is licensed 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).
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