Customer Service

Malta Company Restoration

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 upon the restoration the company shall be deemed never to have been struck-off.

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

We can 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
  • 2.5% 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 & checking the company file – £108
  • Our Assistance fee to Restore Malta Company – £1,000

Legal Costs & Expenses for the Court process

  • 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

Defunct Malta Company

A defunct Malta company is one which is not carrying on business, or is not in operation, as stated in Article 325(1) of the Malta Companies Act. The Malta Registrar faced with companies which are abandoned and no longer maintained introduced the concept of defunct companies providing a practical means for the Registrar to strike-off such companies from the Register of Companies.

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 liasing 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.

In its Order, the Court may give directions and provisions to place the company and all other persons involved, in the same position as if the name of the company had not been struck off.

Under Article 325(4) of the Companies Act the Registrar will then proceed with publishing a notice, stating that the company has been restored to the Register.

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

Article 325(6) of the Malta Companies Act, the liability, if any, of every director or other officer of the company and of every shareholder 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.