A body corporate formed and incorporated or registered outside Malta, and being similar in nature to a Malta limited liability company, may redomicile / continue to Malta such that it would be registered as a company incorporated in Malta under the Malta Companies Act and, accordingly, would be subject to all the obligations and capable of exercising all the powers of a company registered under the said Companies Act.

Any such redomiciliation / continuation would not, however:
• create a new legal entity;
• prejudice or affect the continuity of the company;
• affect the property of the company;
• render defective any legal or other proceedings instituted or to be instituted, by or against the company;
• release or impair any conviction, judgment, ruling, order, debt, liability or obligation due or to become due or any cause existing against the company or against any member, director, officer or persons vested with the administration or the representation of the company.

A company eligible to seek to redomicile / continue to Malta would be required to submit certain prescribed documents for registration to the Malta Registrar of Companies including a resolution or equivalent document of the relevant company authorising it to be registered as being continued in Malta and a copy of the said company’s constitutive document/s – as amended to achieve compliance with the requirements of the Malta Companies Act.

Additional requirements are applicable in respect of any proposed redomiciliation / continuation of licensed or public companies and/or should shares in the relevant company be pledged or otherwise subject to a charge or held by a foreign trustee or nominee.

A Malta company may also redomicile to another jurisdiction.