Branches of Foreign Companies

Branches of Foreign Companies

In terms of the Companies Act, Chapter 386 of the laws of Malta, (the “Act”) an oversea company, that is, a body corporate constituted or incorporated outside of Malta may establish a branch in Malta in order to carry out business in Malta.

A Maltese branch is not considered a legal entity, but it must still be registered with the Malta Business Registry in Malta. By establishing a place of business in Malta, and setting up a branch, the Maltese branch is neither creating a separate legal personality from its foreign counterpart nor is it incorporating a new entity in Malta. The only criterion for its establishment in Malta is that it has a place of business in Malta.

Within one month of establishing a place of business in Malta, the oversea company must deliver to the Malta Business Registry the relevant documents identified in Part XI, Chapter 1 of the Act and the prescribed statutory forms for the recognition and registration of the branch in Malta. These include the constitutive documents of the foreign entity, list of directors and company secretary or another other person vested with the administration of the oversea company, and the statutory Form M.

For further information with regards to the establishment of a branch of a foreign entity in Malta, please forward your enquiry to

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