Company Formation & Redomiciliation

Different goals need different solutions. Fenlex is specialised in setting up and managing all types of entities. We will find the right solution that serves your needs. The decision as to which is the appropriate structure will depend on numerous factors that we study closely with prospective clients, ensuring that we provide the optimal solution.

From long before Malta’s entry in the EU, the Islands have seen exponential growth in the number of companies registered in Malta. The growth has been in the main, driven by international clients. Fenlex has been active in the field of company incorporation since the late 80’s when Malta first ventured into the world of financial services, assisting local as well as foreign clients. Malta’s Company law is very similar to UK Company law as are Malta’s administrative systems all stemming from Malta’s historical links to the UK.

The fund sector in Malta is growing quickly. By using Malta as the country of domicile for your fund, you can benefit from the considerable advantages of a very competitive EU financial services centre.

Malta also offers special incentives to different industries. Through Malta Enterprise and the Business Promotion Act there are particular sectors that have special incentives when setting up in Malta.

The Island is of particular interest to shipping organisations and owners of all types of vessels, ranging from pleasure yachts to passenger cruise ships, tankers and oil rigs. These may register such vessels under the Maltese flag and take advantage of the various benefits of flying a Malta flag. Indeed in early 2012 Malta had taken over Greece as the largest EU Ship Registry and since then Malta recorded a 63 per cent increase in registrations, with the super yacht industry seeing an increase of 97 per cent.

Another industry that has fared well in Malta is the online gaming industry. Fenlex together with Fenech & Fenech Advocates, where at the forefront of promoting the idea of having an online gaming industry to the Maltese government in the late 1990s. In fact one of our clients was the first to start operating within this sector in the late 90’s.  Fenlex’s expertise in this sector has been built over the years and we are able to offer our clients tailor-made services and solutions.

Maltese companies have access to efficient tax solutions that make Malta one of the most interesting Financial Services Centres within the European Union. Structures can be registered, amongst others, either as a Private Limited Liability Company or a Public Limited Liability Company. Companies are allowed to carry out any kind of activity, be it trading, holding or investments. The company can also mix the nature of its business and is not limited in any way.

Fenlex’s role in the incorporation process is to initially understand the structure being proposed and the activities of the company in detail, after which, a detailed tailor made step by step guideline is created for the client’s better guidance to ultimately incorporate the company. We ensure that the client is not burdened with all the finer details but simply presented with a breakdown of the data requirements, whilst Fenlex takes care of the rest. As an added value, we ensure, through our close association with Fenech & Fenech Advocates, that Fenlex is roped in at the very early stages of analyses, which generally includes an understanding of legal/tax advice in establishing the appropriate structure. This guarantees that Fenlex has full knowledge of all legal/tax implications, and involved from the onset, to provide a comprehensive service.

The same assistance is provided for the redomiciliation or continuation of companies to and out of Malta. The redomiciliation of a company to Malta is regulated by The Continuation of Companies Regulation prescribed under the Companies Act, whereby a company registered in a foreign jurisdiction, may move seat and be constituted as a company registered in Malta. This allows for the smooth continuation of the company’s existence, business and domicile to Malta thus ensuring the continued existence of the legal person.