Maltese Company Law allows the possibility of changing a Company’s foreign domicile to a Maltese one. This process, referred to as Redomiciliation and defined in Legal Notice 344 of 2002, enables foreign companies, wishing to set up a company in Malta, to transfer their existing domicile to Malta without having to incorporate a new company and liquidate the foreign one.
The advantage of doing this is that these redomiciled companies can retain their existing structure and set-up. Such companies may benefit from the attractive tax advantages offered by the Maltese Jurisdiction.
Conditions for Redomiciliation
The following conditions must be satisfied :
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The laws of the foreign country contain a provision which allows it to continue its business in Malta.
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The foreign company’s Memorandum & Articles of Association (or any other constituting documents) must allow the company to change domicile.
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A resolution must be provided to the Maltese Registrar which shows that it is authorised to continue its business in Malta.
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A certificate of good standing by the foreign competent authority in favour of the company seeking redomiciliation.
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A declaration signed by at least two directors stating that formal notice has been given to the foreign authority that it would like to be registered as continuing its business in Malta.
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A declaration signed by at least two directors stating that the
