Moving a Business to Malta from the USA

malta

Malta is one of the best countries for people looking to do business in the Mediterranean region. It has a unilateral tax relief system and double taxation treaties with almost every country in the world. This is one of the main reasons why Malta is a favourite for companies involved in international trade. 

Malta has a solid telecommunication and financial services infrastructure. Even though it’s not the biggest country, it offers skilled labour at competitive costs. It’s politically stable, modern, and has a fair legal system.

Here we’ll go through the various market opportunities available in Malta, the visa requirements for citizenship, opening a company, and moving your company there:

Market Opportunities

The country has terrific information and communications technology connections with the rest of Europe through fibre-optic cables and satellite technology. This makes it a great location for any cryptocurrency, blockchain, initial coin offering, or iGaming business. These industries also get the backing of Malta’s legislative framework which is among the most advanced in the world.

The largest industries in Malta are insurance, communications, banking, and software development. Ship registration and repair as well as aircraft maintenance industries have also seen a sizeable increase. The registration and certification of medicines industry has picked up too after Brexit.

Visa Requirements

Any US citizen travelling to Malta does not need to get a visa thanks to the US Visa Waiver Program. But if they intend on staying more than three months, they will need one.

If you’re planning on working in Malta, you will need to get a work visa. It’s easily available at the immigration department of the Malta police department on submission of a few basic documents.

There are also some programs you could consider like the citizenship through investment program. These programs are a shortcut to Malta citizenship which brings with it all the benefits of being a citizen of an EU member country.

Opening a Company

There is a straightforward process for setting up a company in Malta thanks to its business-friendly approach. There are numerous ways of incorporating your company in Malta including partnerships, limited liability, holding companies, or cooperatives. The most common type of company incorporated is the Private Limited company.

  • To open a company in Malta, you’ll need to have a physical address in the country. This could be an office space or the office of your accountants or lawyers.
  • The authorised share capital for opening a private limited company in Malta is roughly $1,325. This low capital requirement is another reason why Malta is such a preferred location to open a company.
  • You will not be able to have more than 50 shareholders in your private limited company incorporated in Malta. You will also need to have a minimum of one director and one company secretary. These usually can’t be the same person but there are some exclusions for single-member companies.
  • The company will also need to open a bank account in Malta to complete the incorporation. The bank will have to grant a certification required by Malta’s financial authority before the incorporation formalities are complete.

Moving Your Company to Malta

Malta also supports moving your company, also called re-domiciliation, as long as your current jurisdiction allows for it. Some of the supporting documents required to complete this process include:

  • The company needs to pass a resolution by shareholders and directors approving the decision to migrate to Malta.
  • All constitutive documents will need to comply with Malta’s legislation. This can also be done through amendment.
  • The company will need to get a certificate of good standing which proves the company has complied with all requirements of incorporation in its present jurisdiction.
  • A declaration from company directors confirming: the current name of the company; its primary jurisdiction; the decision to move to Malta; that there are no legal procedures pending against the company; and that it does not have solvency issues.
  • A comprehensive list of directors and secretaries of the company.

Once all these documents have been collected, an application needs to be submitted to the Registry of Companies in Malta. Once it is approved, you will get a provisional certificate. At this time the company will still remain registered in its original jurisdiction and will be subject to all legal proceedings and obligations in its original jurisdiction. After six months, the final registration certificate will be issued.

There are a number of reasons why applications can be denied including criminal or civil proceedings pending or creditors limiting the rights of the company. Any companies blacklisted by the Financial Action Task Force will not be approved either.

If you’re looking for a way to avoid high taxation, Malta can be a great place to move your company from the USA. It is an easy-to-understand process, and most companies should not face any trouble completing all formalities in a matter of weeks.

You now have more than enough reasons why moving your company to Malta would be a good decision and you also have sufficient clarity on what will be required from your company to complete the process. All that’s left now is to complete your application and start reaping the benefits of your new jurisdiction.