In Malta, companies are required to file an annual return with the Malta Business Registry (MBR). Here’s a detailed guide on what it entails:

1. Purpose of the Annual Return

The annual return serves to keep the MBR updated on the company's current structure, including its directors, shareholders, share capital, and registered office.

2. Content of the Annual Return

The annual return must include:

• Company Details: The company’s name, registration number, and registered office address.
• Share Capital: Details of the company’s share capital, including the total number of issued shares and their nominal value.
• Shareholders: A list of current shareholders, including their names, addresses, and the number of shares held.
• Directors and Company Secretary: Names, addresses, and nationalities of all directors and the company secretary.
• Changes: Any changes in the company structure that occurred during the year.

3. Filing Deadline

• The annual return must be filed within 42 days from the anniversary date of the company's registration.

4. Filing Process

• Online Submission: Most companies can file their annual return online via the Malta Business Registry’s website.
• Paper Submission: Alternatively, companies may submit a physical copy of the annual return form to the MBR.

5. Fees

• The filing of the annual return is subject to a fee, which varies depending on the company’s authorized share capital. The fees are typically as follows:
  • Up to €1,500 authorized share capital: €100
  • More than €1,500 and up to €5,000: €140
  • More than €5,000 and up to €10,000: €170
  • More than €10,000 and up to €50,000: €200
  • More than €50,000 and up to €100,000: €600
  • More than €100,000: €1,400

6. Penalties for Late Filing

• Failure to file the annual return on time can result in late filing penalties. The penalties increase the longer the return remains unfiled, and persistent non-compliance can lead to legal action against the company and its officers, including potential deregistration of the company.

7. Additional Requirements

• Audited Financial Statements: Along with the annual return, companies are also required to file their audited financial statements with the MBR within ten months from the end of their financial year.
• Compliance with Other Regulations: Ensure that all other compliance requirements, such as tax filings and economic substance requirements, are also up to date.

8. Professional Assistance

Given the importance of accurate and timely filing, many companies engage professional services such as accountants or corporate service providers to handle their annual returns and other compliance obligations.

Conclusion

Filing the annual return is a critical compliance requirement for companies in Malta, ensuring that the MBR has up-to-date information on the company's structure and operations. Staying on top of this requirement helps avoid penalties and ensures the smooth operation of the company within the legal framework.

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