Company Secretary
Corporate Services
Key Functions and Regulations of Company Secretaries in Maltese Firms
The role of a Company Secretary in Maltese companies is primarily administrative, though the term ‘administrative’ might be misleading. While Company Secretaries in Malta don’t manage the company, they play a vital role in governance through their administrative powers. Unlike in some jurisdictions like the UK, only natural persons can hold the Office of Company Secretary in Malta, contrasting with the option for corporate directors.
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Appointment and Obligations of Company Secretaries
The initial Company Secretary is appointed during the Maltese company’s incorporation through its Memorandum and Articles of Association. Shareholders subscribing to the initial share capital appoint the Malta Company Secretary. The Memorandum and Articles of Association detail the individual’s name, surname, residential address, and passport or identity card number who will hold the office of Company Secretary for the Malta company. A copy of the identification document is provided to the Malta Registry of Companies for their records. If the position of the Malta Company Secretary becomes vacant, Directors should appoint successive Company Secretary, with a 14-day deadline to fill vacancies as per Article 138 of the Companies Act, Chapter 356 of the Laws of Malta. In addition the obligation for Malta companies, both public and private limited, to have a Company Secretary was established with the enactment of the Companies Act in 1995. It is not allowed to incorporate or operate a company if the position of Company Secretary is vacant. The terms of engagement are determined by the directors.
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Their legal responsibilities include but not limited to, maintaining various registers and ensuring proper meeting notices and document filings, including the Annual Return as prescribed by the Companies Act.
Through our network of independent professionals, we cater to assign you a Maltese company secretary for your Malta company, who provides a variety of services, including drafting resolutions, preparing minutes, maintaining statutory records, and more.
For further details about our services for the provision of Malta company secretaries, feel free to contact us at your convenience.
