EnglishDeutschhome | contact us | disclaimer | licence

  > Malta Opportunities

  > Legal Structures

  > Clients' Reference List

  > Services

  > News

  > Management

  > Company Details


  Printer Friendly

The Swiss Administration Centre is not related to the Swiss Government.

Maltese Companies

It is possible to register the following forms of commercial partnerships in Malta:
1. Limited Liability Company
2. Partnership en commandite (or limited partnership)
3. Partnership en nom collectif
A Maltese commercial partnership has legal personality distinct from that of its member / members and is in existence until the name of the commercial partnership is struck off the Maltese register. Furthermore, a commercial partnership formed and registered under the Act is governed by the Act irrespective of the place where the management and control of the commercial partnership is exercised.

A company is considered resident in Malta if it is incorporated in Malta, or (in the case of a non-Maltese body of persons) if its control and management are exercised in Malta.

The tax accounting and refund system described below is available to Maltese companies (including partnerships en commandite whose capital is divided into shares) and to non-resident companies carrying on activity in Malta through a branch.

The Maltese company tax rate is 35%.

Malta is currently the only EU member that operates a full imputation system of taxation, whereby the tax charged to the company is imputed to the shareholder in the event of a dividend distribution by the company.

This effectively means that a shareholder will not be charged to tax twice on any dividends received and could even receive a refund of tax if such income falls to be taxed at a lower rate of tax in the hands of the shareholder, than the rate of tax incurred by the company.

The Maltese full imputation system has been approved by the EU Commission.

Retail Mutual Funds

Malta is fast emerging as an ideal jurisdiction within the EU for the registration and licensing of Mutual Funds in general, including Retail Mutual Funds. A competent regulatory environment, an efficient and very cost-effective licensing procedure, and quality and competitive professional services, coupled with a tax neutral environment for non-prescribed mutual funds (i.e. not targeting the local market), renders Malta an attractive and increasingly sought after alternative to Luxembourg, Ireland and the surviving Caribbean fund jurisdictions. Retail Mutual Funds can be registered and licensed as Single or Umbrella Funds and some of this jurisdiction's attractive features include a low initial capital requirement, very competitive licensing costs, competent service providers, the possibility of using foreign Custodians and Fund Managers, the possibility of listing shares on the Malta Stock Exchange, and of course the possibility of passporting to the EU member States.

Professional Investor Funds (PIF)

Malta's rapidly increasing appeal as a Mutual Fund jurisdiction can be said to have really kicked off with the emergence of the Professional Investor Fund regime. PIFs are for all intents and purposes regular Mutual Funds, but with certain defining characteristics that render them subject to minimal regulation. Like any Mutual Fund, a PIF can take the form of an incorporated open or closed ended investment company in the form of a SICAV or INVCO, or a limited partnership or a unit trust. PIFs can take one of three forms, either a PIF promoted to Extraordinary Investors, where the investors must meet certain criteria and must invest a Minimum initial investment of Euro 750,000, or a PIF promoted to Qualified investors, where the investors must meet certain criteria and must invest a Minimum initial investment of Euro 75,000, or a PIF promoted to Experienced Investors, where the investors must also meet certain criteria and must invest a minimum investment of Euro 10,000, or equivalent in foreign currency. In the case of Extraordinary and Qualified PIFs, subject to certain terms and conditions, they are not subject to any restrictions on their investment or borrowing/leverage powers. The restrictions are those set out in the Offering memorandum. In the case of PIFs promoted to Experienced Investors, investment restrictions apply and only 2:1 leverage is allowed. All Functionaries of PIFs, i.e. custodian, fund manager, fund administrator, investment advisor (if applicable) etc do not need to be licensed in Malta, however every PIF must have a Judicial Representative based in Malta who acts as the liason between the Fund's promoters and the Regulator. The Licensing Procedure is very swift and cost-effective, initial share capital requirements are minimal and maintenance costs are low. Moreover, units of a PIF can be listed on the Malta Stock Exchange. The PIF mutual fund alternative is indeed an extremely interesting and useful tool for various scenarios for banks and asset managers who may wish to rationalise their portfolios; for banks and asset managers who may wish to set-up in-house funds for their best clients; for asset managers and dealers who may wish to set-up specialty funds; for consultants who may use it as an alternative, or indeed in conjunction, with companies and trusts for family wealth planning reasons or for strategic business planning reasonsthe appeal and scope of the PIF is indeed very wide..and with good reason. For good measure..PIFs that are non-prescribed funds (not aimed at the local market) are completely tax neutral.


© Webdev Consultancy