Company and Legal Administration

Further to the provisions of Legal Notice 344 of 2002, a foreign company which is substantially similar in form to a company incorporated under Maltese law may request to be registered as being continued in Malta under the Companies Act. The request will be accepted if the continuation is allowed in terms of the law of that country and of the company's statute. The continuing company will be struck off from the register of the foreign registry and the company will be treated as if it had been incorporated in Malta.

Similarly, a company registered in Malta may request to be continued in another country as long as the law of that country allows the procedure. If the foreign company was subject to certain licensing regulations in the foreign country it may have to obtain authorization both from the foreign country as well as from the Maltese authorities before commencing operations here. This would depend on the licensable activity it performs. The registration of a foreign company does not operate to create a new legal entity and therefore does not prejudice the continuity of the company in any way. The company retains all its assets, rights, liabilities and obligations.