Malta Company Formation
Malta is a very tax-efficient jurisdiction where to incorporate a legal structure. The Maltese Income Tax Framework enables Maltese companies to benefit from very low effective tax rates.
We can assist you in the whole process of incorporating a Maltese company, including:
Draft the Memorandum & Articles of Association;
Incorporate the Company with the Malta Business Registry;
Apply for all regulatory numbers, including Tax Identification number, PE Number, Employers Number, VAT Number through the right Authority.
JD CompanyService Provider can provide you also with the following related services:
Company Director Services.
Company Secretary Services.
Company Registered Address.
Tax Compliance Services.
HR Recruitment, Advisory & Work Permits Applications.
Malta Company Administration.
An increasing number of jurisdictions allow for the continuation or re-domiciliation of corporate entities. Overseas companies wishing to migrate to Malta and avail themselves of Malta's favourable tax system are able to continue their economic activity in Malta without any interruption of the business operations of the company.
The Maltese Companies Act allows a company to be 'redomiciled' or continued in Malta by following a process of transferring the company's seat to Malta. This necessitates a change in the domicile and registered address of a company incorporated outside of Malta and the adoption of a Malta registered address by undergoing the process established by law for re-domiciliation.
The Malta Business Registry will issue a Provisional Certificate, after-which the Company will be deemed to be validly registered as a Maltese company for all intents and purposes of Maltese legislation, hence will be subject to all the duties and will be in a position of exercising all the powers of a company registered in Malta.
Licensing & Consultation
Any licensing process tends to be a daunting and lengthy process, nevertheless crucial for conducting regulated business in or from Malta.
Every license application process is different and can benefit from the tailored practical insights we can share from our experience.
Furthermore, once licensed, your regulated business is faced with significant compliance obligations and risks in adhering to constantly evolving regulatory frameworks as you look to avoid unnecessary regulatory breaches and penalties, not to mention potential interruption to your business.
We can help you apply for your license and manage such risks arising from all areas of regulations.
AML/CFT Solutions are fundamental for businesses to ensure that they are adhering to Maltese regulations and legislations. We are able to assist with all due diligence obligations in Malta, being for the purpose of carrying your economic activity and/or for the opening of a Bank Account and/or in the process of mergers and acquisitions.
Our firm can provide you with a full AML/CFT solution, including:
KYC Background Checks
In accordance with the Prevention of Money Laundering and Funding of Terrorism Regulations S.L.373.01, Section 8, Sub-Regulation 1, Subject persons shall verify the identity of the customer and, where applicable, the identity of the beneficial owner, before the establishment of a business relationship or the carrying out of an occasional transaction.
The Services of the KYC Background Check Report is to assist Subject Persons from being used, intentionally or unintentionally by criminal elements for money laundering activities. The mandate is to make reasonable efforts to determine the true identity and conduct a screening on the Subject, which in turn assists the Subject Person to manage its risks prudently.
In-depth Assessment of your Business
This assessment will review the adequacy of risk assessment, internal controls and compliance arrangements of the Subject Person in accordance to the FIAU Implementing Rules with the ultimate goal to establish the groundwork for all other deliverables through an in-depth understanding of the state and form of compliance requirement actions by the Subject Person.
Business Risk Assessment
This assessment reflects the adoption of a risk-based approach and will be carried through a three-phase implementation involving:
Inherent Risk Assessment;
Residual Risk; and
It is aimed to evaluate the overall risk procedure of the Subject Person’s business based on the Subject Person’s policies, operations, controls and client- base.
AML Policies & Procedures Manual
The manual will provide written procedures approved by the Subject Person and giving direction to all personnel in complying with all obligations emanating from the PMLFTR and the PMLA. The manual will require updating every time any new requirement or legislation is issued on a national, EU or international level or at least on an annual basis. The manual will make an emphasis on the responsibilities and obligations of Subject Persons to report suspicious transactions to the FIAU.
Customer Acceptance Policy
The customer acceptance policy sets out how a Subject Person determines whether an applicant for business or beneficial owner is likely to pose a higher risk for money laundering and what steps are to be undertaken in such scenarios.
Training & Mentoring
The goal is to deliver training to Subject Persons on how to use the manual of procedures in their daily routine in an effort to correctly assess and mitigate the risks related to AML/CFT when on boarding new clients and on the importance of ongoing monitoring of existing clients.
Customer Risk Assessment / Customer Due Diligence
This step relates to the proper identification and verification processes, identifying purpose of business relationship, risk assessing the client, establishing source of wealth and funds, ongoing monitoring thereof and FIAU reporting obligations. This step will also support the Subject Person in establishing whether a CDD or EDD is to be carried out on the basis of the Customer’s risk classification and in drawing up and refer to documentation and appropriate record-keeping, also for the preparation of the Annual Compliance Report.
The deliverable is to review, perform and document Subject Persons periodical internal control checks and assessments and to ensure that all new rules are integrated in the AML/CFT policies and Procedures manual and implemented throughout.