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Malta has passed legislation which allows companies incorporated in other jurisdictions to redomicile and continue in Malta. Finco draws on experience in redomiciling companies from a number of jurisdictions to Malta.
In terms of the applicable regulations issued under the Companies Act, where a company is incorporated in an approved jurisdiction the Registrar of Companies will allow for the redomiciliation of such company to Malta provided that the regulatory requirements are met. The redomiciliation process takes two stages as a redomiciled company is first provisional registered on the Companies Register, subsequently upon submission of documentary evidence to the Registrar showing that it has ceased to be a company registered in the country or jurisdiction where it had been initially formed and incorporated or registered, allowing for a period of six months, a permanent certificate of continuation will be issued.
Finco’s services include the adaptation of the constitutive documents of the company to meet the Maltese requirements for a memorandum and articles of association under the Companies Act, drafting of necessary resolutions and declarations as required by the Regulations, assistance in filing necessary documents at the Registry of Companies on client’s behalf and liaising with corresponding firms handling the outward process from the company’s original jurisdiction.
Maltese legislation also provides for the redomiciliation of Maltese companies to other jurisdictions. Finco can also assist with this process in accordance with the requirements from the Maltese side. Clients should be aware that the redomiciliation process also requires that legislation is in place in the corresponding jurisdiction allowing the redomiciliation of companies.
Where redomiciliation has not been achievable, Finco has also assisted foreign companies in the transfer of their tax residency to Malta whilst retaining their original (foreign) registration.