Tag: companies

Industry Insight: Redomiciliation of Companies to Malta – A Seamless Transition with Asteria Advisory

Asteria offers a broad range of services for businesses, be it re-domiciliation or management services. This helps to ensure that Malta continues to attract international companies seeking a stable, business-friendly jurisdiction within the EU. Whether you’re relocating for strategic, regulatory, or operational reasons, the redomiciliation of companies to Malta offers a practical solution without the disruption of winding down and starting anew.

What Is Redomiciliation?

Redomiciliation is the process by which a company changes its jurisdiction of incorporation while maintaining its legal identity. In Malta, this is governed by the Continuation of Companies Regulations, which allow foreign-registered entities to continue operating locally without dissolving and re-incorporating.

This process ensures that companies can retain their existing structure, assets, and contractual obligations—minimising business disruption while benefiting from Malta’s competitive corporate framework and robust legal system.

Why Choose Malta for Corporate Redomiciliation?

Malta offers an attractive proposition for businesses across multiple sectors. Its EU membership, strategic location, strong financial and regulatory infrastructure, and competitive tax environment make it a prime choice for redomiciliation.

Whether you’re a commercial enterprise, holding company, or consultancy firm, relocating to Malta can offer significant long-term advantages.

Asteria Advisory: Your Partner for Seamless Relocation

At Asteria Advisory, we provide expert legal services and consultancy to companies seeking redomiciliation to Malta. Our legal advice is tailored to each client’s business needs, ensuring full compliance with regulatory requirements and a smooth transition throughout the process.

Working in close collaboration with a trusted network of professionals, we support our clients from the initial planning stage to final registration—handling all documentation, communication with the relevant authorities, and post-registration formalities.

Our Services Include:

  • Legal advice on eligibility and suitability for redomiciliation
  • Preparation and review of statutory documentation
  • Liaison with regulatory authorities
  • Company registration and compliance support
  • Ongoing corporate and commercial legal consultancy

Ready to Redomicile? Let’s Talk.

If your company is considering a move to Malta, Asteria Advisory can help make the process efficient, compliant, and hassle-free.

📩 Contact Asteria Advisory today to learn more about our redomiciliation services and how we can support your corporate journey in Malta.

Opinion: A Commercial Court for Malta ?

Update (2025): Since this article was first published, a Commercial Court has been established in Malta under the Code of Organisation and Civil Procedure. This opinion piece is retained for archival purposes, reflecting earlier commentary on the topic.

Earlier in 2017, the Ministry for Justice, Culture and Local Government held a public consultation, titled “Setting up of the Civil Court, First Hall, Commercial Section“.  The consultation was then concluded in July 2017.

Wide Range of Questions

Consultation questions included whether there should be a commercial section within the civil arm of the Maltese courts. The consultation also asked whether the remit should be limited to the Companies Act or wider.

Feedback Received

The feedback received applauded the initiative of introducing this section. In the past the Maltese courts included a Commercial Court section. The commercial court was eventually discontinued.

However, in the current litigation climate, both the Government and those participating in the consultation felt that the introduction of this section would increase in the efficiency of justice being delivered.  Naturally, it was considered imperative that the necessary human and other resources are provided.

During the consultation, the feedback mentioned that matters falling under the Commercial Code should also be included within the scope of this section’s jurisdiction. Others suggested that other laws such as the Trusts and Trustees Act and other codes that deal with matters of a commercial nature (e.g.  banks) should also fall under this court’s jurisdiction.

Existing Procedures and the New Court

The court’s general area of competence and procedure are still unclear.  Most procedural matters are generally regulated by the Code of Organisation and Civil Procedure. A new court would need to have its own rules of procedure, or somehow be regulated by this Code.  The Code regulates the procedure of all the civil courts in Malta.

The use of alternative dispute resolution mechanisms, including pre-trial conferences and/or arbitration or mediation were also considered an efficient means to resolve disputes.  They can provide direction in cases that are deemed to be high-risk or that are of a delicate nature.

The consultation respondents further referred to the implementation of online filing and payment of fees.  At the time of writing, only physical payment and filing of court cases is possible.   This renders the process inconvenient and unwieldy for most professionals and increases crowding in court.

Respondents additionally suggested other legislative amendments to be made alongside the setup of this new commercial court.  These amendments would ensure that the new Bill respects the current legal framework.

In late 2017, the Government published its response to the consultation. In the response, the Government stated that, subject to Parliamentary approval, it plans to enact the new legislation in early 2018. The plan is for the new Commercial Section  to commence operation in the second quarter of 2018.