Company & commercial law · Malta
Company formation in Malta: the framework you need to understand
Malta blends a continental Civil Code with strong English common-law influences in company and commercial law, and company acts pass through a notary in Maltese. Tell us what you are setting up and we will match you with an advocate who handles company formation in Malta.
- Malta’s mixed civil-law and common-law framework, explained in plain terms
- Advocates warranted in Malta, matched to company and commercial work
- Free matching, no obligation, first response usually within 24–48 hours
Free and non-binding. This page provides general information, not legal advice.
Get matched with a lawyer
Tell us about your situation and receive a free, confidential case review.
Overview
Company formation in Malta: what the legal framework involves
Setting up a company in Malta means working inside a legal system that is unusual in Europe: private law follows the continental civil-law tradition of the Civil Code, while company, commercial and procedural law carry a strong English common-law influence. That mix shapes how documents are drafted, how deeds are authenticated and how disputes are resolved. The country is small, bilingual and has been fully integrated into the EU single market since 2004, so cross-border founders often deal with both Maltese and English-language paperwork. Because company acts pass through a notary, and contentious matters before the superior courts require an advocate, the practical questions are usually about who signs what, which language version prevails and where a claim would be heard. Our free matching service puts you in touch with an advocate who handles company formation in Malta.
Malta in detail
How the Maltese framework around company formation actually operates
Malta is a mixed jurisdiction, and that is the single most useful thing to understand before you incorporate. The notes below set out how the legal environment surrounding company formation in Malta works in practice, from notarial deeds to court registry fees, drawing on the country’s official sources.
A codified system with English common-law roots
Maltese private law rests on the Civil Code of 1868, which derives from the French Code Napoléon, while public, procedural, administrative, commercial and company law show strong English common-law influence. The result is a codified but adversarial system in which the doctrine of binding precedent, central to a pure common-law jurisdiction, is absent. Malta is therefore classed as a mixed jurisdiction.
Company acts and the notarial process
Malta maintains a separate profession of Notary Public: a public officer appointed by the State who authenticates and drafts public deeds. Notarial intervention is central to company acts, just as it is to wills, succession and marriage settlements. Deeds and court rulings are drafted in Maltese even where commercial practice and legal education run largely in English, so bilingual drafting and translation are routine considerations.
Two official languages, one prevailing text
Maltese and English are both official languages, and legislation is enacted in both. Where the two texts conflict, the Maltese version prevails under article 74 of the Constitution. Maltese has been the language of the courts and of notarial deeds since 1934, while legal education at the University of Malta is delivered in English. For founders, this bilingual reality matters whenever a document is drafted or interpreted.
Where a commercial dispute would be heard
The judicial system is two-tier rather than federal. The Civil Court’s First Hall hears civil and commercial claims, including those above EUR 15,000 or of unquantifiable value; the Court of Magistrates hears claims above EUR 5,000 up to EUR 15,000; and the Small Claims Tribunal handles monetary claims up to EUR 5,000. Appeals from the Civil Court go to the Court of Appeal.
Who may act for a company
Malta has a single unified legal profession — the advocate — with no barrister/solicitor split. Practice requires a warrant issued by the President of the Republic, a Doctor of Laws degree, at least a year spent at the office of a practising Maltese advocate and full knowledge of Maltese. Representation by an advocate is required in contentious proceedings before the Superior Courts, while a separate legal procurator handles service and filings.
Costs and how fees are set
Malta levies court registry fees rather than a general court tax, and the fees of advocates and legal procurators are governed by statutory tariffs set out in the schedules to the Code of Organisation and Civil Procedure. Those tariffs also guide the costs awarded against a losing party. Contingency-fee and other conditional-fee arrangements are ethically prohibited, so fee structures are agreed on a different basis.
Key time limit — Commercial & Corporate Law
Commercial debt (B2B contracts and other commercial claims) — 5 years. Directly relevant to unpaid invoices and contractual claims between businesses.
The Maltese detail on this page is drawn from official sources — the European e-Justice Portal, the Laws of Malta and the Judiciary of Malta — consulted in 2025.
Pain points
What founders usually get stuck on
Recurring questions that come up before an advocate in Malta is instructed.
You are unsure who signs the deed
Company acts in Malta pass through a notary, and the formal deeds are drafted in Maltese. Founders often cannot tell whether the notary, the advocate or the company officers handle each step, or which language version will govern the file.
The court route is unclear
If a commercial matter later goes wrong, it matters whether the claim belongs before the Small Claims Tribunal, the Court of Magistrates or the Civil Court’s First Hall. Choosing wrongly costs time and registry fees before the substance is even reached.
Fees follow tariffs, not free negotiation
Advocates’ and legal procurators’ fees are governed by statutory tariffs, and contingency arrangements are prohibited. Without guidance it is hard to know what a fee note should look like or what a losing party can be ordered to pay.
Why it helps
What a Malta-focused advocate brings to your project
Malta’s mixed system rewards advisers who work in it week after week.
A jurisdiction you can actually explain
Malta’s mixed system combines the Civil Code with English common-law influences in company and commercial law. An advocate who works there daily can tell you which tradition shapes each step of your incorporation and where the boundaries lie.
Notarial and bilingual know-how
Because company acts and court deeds are drawn up in Maltese while commercial practice runs largely in English, you need advisers comfortable in both. We match you with advocates who work in that bilingual environment as a matter of routine.
Commercially realistic fee planning
Fees follow statutory tariffs and conditional-fee arrangements are prohibited, so budgeting works differently from common-law jurisdictions. Your advocate can explain what the tariff schedules in the Code of Organisation and Civil Procedure mean for a matter like yours.
One clear point of contact
From Valletta and Sliema to Victoria in Gozo, we look at where you are based and what the matter involves, then connect you with an advocate whose practice covers company formation and commercial work in Malta.
Cross-border
Founders and companies we help from across Europe
Malta sits between the civil-law and common-law worlds and has applied EU law since 2004, which makes it a frequent choice for founders based elsewhere in Europe. We work with clients approaching the Maltese market from neighbouring and closely connected jurisdictions.
FAQ
Company formation in Malta: common questions
How does company formation in Malta work in practice?
Maltese company, commercial and procedural law carry a strong English common-law influence, while private law rests on the continental Civil Code. Notarial intervention is central to company acts, and formal deeds are drafted in Maltese. An advocate can map the steps that apply to your structure, identify which documents require a notary and explain how the two official languages interact.
Do I need an advocate to deal with a Maltese company?
Malta has a single unified legal profession, so an advocate can both advise and appear before the courts. Practising requires a warrant issued by the President of the Republic. Representation by an advocate is required in contentious proceedings before the Superior Courts, while a separate legal procurator handles procedural acts such as service and filings.
In which language will my Maltese documents be drafted?
Legislation is enacted in both Maltese and English, and where the texts conflict the Maltese version prevails under article 74 of the Constitution. Maltese has been the language of the courts and of notarial deeds since 1934, while legal education and much commercial practice run in English. Expect bilingual working documents but Maltese formal deeds.
Which Maltese court would hear a commercial dispute?
The Small Claims Tribunal deals with monetary claims up to EUR 5,000, the Court of Magistrates with claims above EUR 5,000 up to EUR 15,000, and the Civil Court’s First Hall with civil and commercial claims above EUR 15,000 or of unquantifiable value. Appeals from the Civil Court are heard by the Court of Appeal.
How long do commercial claims remain alive in Malta?
Commercial debt claims, including B2B contract claims, are subject to a five-year limitation period, as are rent arrears, interest and other periodic payments. General actions not covered by a shorter rule may be brought within thirty years, while damages claims outside criminal proceedings are limited to two years.
What does it cost to be matched with an advocate?
Nothing. Our matching service is free and non-binding: you describe the matter and we connect you with an advocate whose practice covers company formation and commercial work in Malta. Fees for the work itself follow the statutory tariffs in the schedules to the Code of Organisation and Civil Procedure, and conditional-fee arrangements are prohibited.
Next step
Tell us about your Maltese company project
Describe what you are setting up and where you are based. We will match you with an advocate in Malta who handles company formation and commercial matters, so you can get clear answers on notarial steps, language and costs before you commit to anything.