Malta Company Restoration
We can restore Malta companies that have been Struck-Off the Malta Registrar of Companies.
When all the fees and penalties are paid, the Registrar shall restore the name of the company to the register and the company shall be deemed never to have been struck-off and deemed to have been in continued existence.
Terms of timing, they are quite slow – usually resolved in between 6 months to one year, some cases can be decided between 4-5 sittings over the course and take 12-14 months.
Malta Company Restoration fees
We will obtain a specific quote but from experience expect legal costs to be in the region of €5000.
In order for a struck-off company to be restored by the Malta Registry the following fees must be paid:
- Malta Government Restoration fee – €500
- Appoint Malta Registered Agent – £500
- Resolution to change Malta registered address – £250
- Registered Office Annual fee – per year struck off – £640
- Pay all of the annual government fees – per year struck off
- Malta Government penalty fees per outstanding Annual Return, up to – €2,400
- Additional penalties and costs and including the requirement to prepare and file missing audited accounts and tax returns
- 2% transfer fee – for penalties, fees and charges to Malta – to cover exchange rate changes, bank charges and fees
- Due Diligence – per Director & Shareholder – £80
- Compliance fee – €300
- Malta Company Search & checking the company file – £108
- Our Assistance fee to Restore Malta Company – £1,200
Legal Costs & Expenses for the Court process
We would also need a POA appointing a special mandatories for the court case. As mandatories they assume responsibility for payment of the court costs, so we would need to hold the defendants costs in the region of €3500 on account to pay once the case is decided.
- Legal Procurator fee – €150
- Judicial fee – €450
- Extra Judicial fees – €1000
Malta Company Annual fees – once restored
- Provision of Registered Office & Resident Agent – £640
- Registry Renewal filing fee – £220
- Annual Return Filing fee – €100
- Shareholder & Directors Register Maintenance – £175
Struck Off Malta Company
Striking-off of the Malta company from the Register, the liability of every director, officer and shareholder of the company shall continue, and may be enforced as if the name of the company had not been struck off.
When a company is struck off the Register, under Article 325(2) of the Companies Act all the assets of the company will devolve upon the Government of Malta.
We can restore your Struck off Malta company:
- We obtain and peruse the company file and check filings and documents
- Drafting and completing the documents necessary for the restoration application
- Drafting the restoration order
- Serving documents and liaising with the Malta Registrar of Companies
- Gazette notices
- Filing the Court Application and if necessary and attending court hearing
Malta Company Restoration Process
If your Malta company was struck-off the Register we can assist, a Court application is lodged. This must be done within 5 years of the striking-off date.
If the Court is satisfied that it is proper that the name of the company is restored to the Register, then it will go ahead and order that such name be restored.
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.
Once your company is restored it will need to also settle all pending filings (including audited accounts, tax returns, annual returns etc) as well as settle outstanding fines with the Registry.
The company must also disclose its beneficial ownership in accordance with its obligations as delineated in the Companies Act (Register of Beneficial Ownership) Regulations (S.L. 386.19 of the laws of Malta)
Company Directors and Shareholders
When a Malta company is restored, the previous Directors, Company Secretary, Shareholders and Registered Office are automatically assumed to have continued.