Malta Company Law - Malta Companies Act

The principal documentation of Compamy Law in Malta is the Malta Companies Act. You will find below the key extracts from the Malta Companies Act along with the full act.

§70. Company Name

(2) a private company may be designated by any name, but such name shall end with the words "private limited company" or the word "limited" or its abbreviation "ltd.".

(4) A company shall not be registered by a name which is the same as a name of another commercial partnership or so nearly similar as in the opinion of the Registrar it could create confusion; or is in the opinion of the Registrar offensive or otherwise undesirable;

(5) A company shall not be registered by a name which includes the word "fiduciary", "nominee" or "trustee",

§69. Memorandum of Association

(1) The memorandum of every company shall state:

  • whether the company is a public company or a private company;
  • the name and residence of each of the subscribers thereto;
  • the name of the company;
  • the registered office in Malta of the company;
  • the objects of the company;
  • the amount of share capital with which the company proposes to be registered, the division thereof into shares of a fixed amount, the number of shares taken up by each of the subscribers and the amount paid up in respect of each share and, where the share capital is divided into different classes of shares, the rights attaching to the shares of each class;
  • the number of the directors, the name and residence of the first directors and, where any of the directors is a body corporate, the name and registered or principal office of the body corporate
  • the name and residence of the first company secretary
  • the period, if any, fixed for the duration of the company.

§300B. Company Restoration

(1) Where a company has been struck off the register, any interested person may, by an application, request the Court to order that the name of the company be restored to the register and the winding up be reopened.

(2) Where, on an application made in terms of subarticle (1), the Court is satisfied that the winding up and striking off of the company has been vitiated by fraud or illegality of a material nature, the Court may order that the name of the company be restored to the register and the winding up be reopened for such purposes and such period as the Court shall specify in its decision.

(5) No application may be made under this article after the expiration of five years from the date on which the name of the company has been struck off the register.

§72. Share Capital

(1) The authorised share capital of a company shall be -

  • not less than one thousand and one hundred and sixty four euro and sixty-nine cents (1,164.69) subscribed by at least two persons in the case of a private company.

§85. Any increase in the issued share capital of a company shall be decided upon by an ordinary resolution of the company, unless the memorandum or articles require a higher percentage than that required for an ordinary resolution by article 135(2).

§72. Share Types

(5) The ordinary shares of a company shall not be redeemable, and every company shall at all times have ordinary shares.

(6) Only preference shares which are to be redeemed or are liable to be redeemed by the terms of their issue shall be redeemable, and other shares in a company may not be converted into redeemable shares.

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