Management and Control in Malta
s an alternative to Malta company formation
we provide clients, including private and public companies, with advisory services on a general and/or transactional basis in relation to moving management and control of a non-Malta registered company to Malta.
Our assistance when moving management and control of a non-Malta registered company to Malta includes all necessary local resolutions and ancillary documents and forms, including liaising with the Maltese Registrar of Companies and, the Maltese Inland Revenue Department. It also very often includes appointing at least one Maltese resident director (which must be registered in the company’s home country or jurisdiction, which remains the country or jurisdiction of formation, incorporation or registration).
The process of Management and Control in Malta
The company is registered as resident in Malta with the Maltese Registrar of Companies (if having a place of business or branch in Malta) and the Maltese Inland Revenue Department.
It is naturally important that the real management and control of the company’s business takes place in Malta after the move. What needs to be done to make sure that a non-Maltese tax or other authority accepts the claim that the company is effectively managed and controlled in Malta varies from country to country. However, some typical indicators that management and control is really taking place in Malta include holding all (or at least the majority) of the Board Meetings of the company in Malta with the Directors being physically present in Malta and ensuring that all major decisions are taken during such meetings in Malta. Other indicators that may help are that directors are resident in Malta, the company has a Maltese bank account through which its income and expenses are directed, the office of the company is based in Malta and the company employs local staff, etc.
Management and Control in Malta – the importance of it and point of contact
For assistance on moving Management and Control of a non-Malta registered company to Malta please contact us.