Malta Company Restoration
We can restore Malta companies that have been Struck-Off the Malta Registrar of Companies.
Once your Malta company is restored to the register it is deemed never to have been struck-off and deemed to have been in continued existence. Article 325 of the Companies Act deal with Struck off Maltese companies.
Malta Company Restoration fees
In order for a struck-off company to be restored by the Malta Registry the following fees must be paid:
- Pay all of the annual government fees it would have paid as if it had remained active
- Malta Government Restoration fee – €
- Transfer Malta registered agent – €500
- Resolution to change Malta registered address – €250
- Registered Office Annual fee – per year struck off – £640
- Malta Government fees per year struck off – €
- 3% Transfer fee – for penalties, fees and charges to Malta – to cover exchange rate changes, bank charges and fees
- Due Diligence fee – €600
- Malta Company Search – £128
- Our Assistance fee to Restore Malta Company – £
Malta Company Annual fees
- Provision of Registered Office & Resident Agent – £640
- Registry Renewal Filing fee – £220
- Annual Return Filing fee – €100
- Shareholder & Directors Register Maintenance – £175
When all the fees and penalties are paid, the Registrar shall restore the name of the company to the register and upon the restoration the company shall be deemed never to have been struck-off.
Legal Costs & Expenses on Company Restoration
- Obtain a company search
- Obtaining and perusing relevant filings and various related documents
- Drafting and completing the documents necessary for the application
- Drafting the restoration order
- Serving documents and communicating with on the Registrar of Companies
- Gazette notices
- Filing the application with the Court if necessary
- Attending court hearing
Disbursements or Expenses:
- Outstanding filing fees on annual returns
- Penalty for late filings and other penalties
- Court filing fees
- Filing fees to the Companies Registry on the restoration application
A Malta Company is registered with the Malta Business Registry and where since its date of registration, the Company fails to make statutory filings with the registry it is Struck-off.
The Malta Registrar of Companies may begin proceedings for an administrative strike-off if your company does not adhere to the regulations.
Failure to pay your annual registration fee will cause your corporation to fall out of Good Standing and the Registrar will not accept filings on behalf of the corporation until it has been restored back into Good Standing. When The Malta company is Struck-off the company’s assets will be transferred to the Government of Malta
Defunct Malta Company Struck-Off the Register
If the Malta Registrar believes a company is not carrying out business, or is not in operation, the Registrar is vested with the power, in terms of law, to require confirmation of status of the company.
If the company doesn’t reply to the Registrar’s request within one month, the Registrar can publish a notice in the Government Gazette, and 3 months from the publication of said notice, the company’s name is struck-off the Register.
Restore a Defunct Malta Company to the Register
A shareholder, creditor or director aggrieved by the striking-off of a Malta company from the Register can lodge a Court application for restoration before the expiration of 5 years from the publication of the notice of striking-off.
If the Court is satisfied the Malta company, then it will go ahead and order that such name be restored to the Register. An official copy of the Court Order will be delivered by the Registrar of the Courts to the Registrar, and the company will be deemed to have continued in existence as if its name had never been struck-off.
The Registrar will then proceed with publishing a notice, stating that the company has been restored to the Register. This is in line with Article 325(4) of the Companies Act.
Company Directors and Shareholders
According to article 325(6) of the Malta Companies Act, the liability, if any, of every director or other officer of the company and of every member of the company shall continue and may be enforced irrespective of the fact that the company name would have been struck-off the Malta companies’ register.
When a Malta company is restored, the previous Directors, Company Secretary, Shareholders and Registered Office are automatically assumed to have continued.