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Re-domiciliation, also referred to as ‘Continuation’, means that a company registered in a particular jurisdiction may be re-domiciled/continued in another jurisdiction. Through re-domiciliation, companies now have the option of being able to carry on their activities within more attractive jurisdictions instead of having to wind up due to tax reasons.
Company Redomiciliation Regulations
Following recent changes to the Law of Malta, companies incorporated outside of Malta may now transfer their domicile to Malta without having to wind up their foreign business. This has been brought about through the Continuation of Companies Regulations 2002 (Legal Notice 344 of 2002 as amended by Legal Notice 352 of 2003), which came into force on the 26th of November 2002, providing the ‘flight’ of companies into and out of Malta.
These regulations are divided into two parts. The first being dedicated to companies registered in another jurisdiction being continued in Malta and the second being dedicated to companies registered in Malta being continued in other jurisdictions. One must also note that the Registry of Companies in Malta will not accept the re-domiciliation of a company that is black listed on the Financial Action Task Force (FATF).
Malta is considered as a favourable jurisdiction to migrate to due to its attractive tax legislation that has proved to be beneficial to organisations involved in international trading or business activities. Furthermore, a company that is continued in Malta is entitled to all the benefits available under the Maltese legislation.
In order to be able to re-domicile to Malta, one must keep in mind that the following conditions need to be satisfied:
- The Law of the foreign jurisdiction where the company is registered must allow for the company to be migrated.
- The company’s Memorandum and Articles of Association must specifically state that the company is able to migrate.
- Evidence that the company has informed the relative authorities within its jurisdiction about its intended migration need to be provided.
- Evidence that the company’s shareholders, debenture holders, and creditors have consented to the migration of the company in accordance with the laws of the foreign jurisdiction.
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