Company Law

The Maltese Companies Act, 1995, is based primarily on UK company law principles but has also been harmonised with the EU Directives.

Accordingly, like UK law, Maltese company law distinguishes between 2 main types of companies, namely the:

  • private limited liability company; and
  • public limited liability company.

Whereas public companies may offer their shares to the investing public, private companies are prohibited from doing so.  Transfer of shares in private companies is restricted in that shareholders must first offer their shares to the other existing shareholders before offering them to third parties.

 A private company may opt for privateexempt status in which case it may have a single shareholder.  However, the main relevance of the private exempt company is for accounting purposes since such companies may submit fewer accounting documents to the Registrar of Companies (the official appointed by Government to ensure that limited companies abide by the provisions of the Companies Act, 1995). 

EMA Advocates is in an ideal position to provide sound legal advice and litigation for companies in Malta offering peace of mind, commercial awareness and safeguarding of your interests. We assist in company registrations and company formation in Malta, back office, tax compliance, company recovery, foundations and SICAV's, amongst our scope of services.