S.L. 386.25 · Companies Act (S.L. 386.25)
S.L. 386.25 Art. 13Oversea company. Cap. 529.
(1) The Registrar shall ensure that an oversea company, constituted or incorporated in another Member State, may carry out the procedure of registering a branch in Malta fully online, without the necessity for the applicants to appear in person, subject to the electronic identification means referred to in regulation 3 and to the exception under regulation 10.
(2) The Registrar shall ensure that every online registration of a branch complies with the provisions as contained in the Act relating to the registration of branches, including:
(a) procedures to ensure that the applicants have the necessary legal capacity and authority to represent the company;
(b) the appropriate electronic identification means to verify the identity of the persons registering the branch;
(c) requirements for the applicants to use trust services as referred to in Regulation (EU) No 910/2014;
(d) procedures to verify the legality of the object of the branch;
(e) procedures to verify the legality of the name of the branch;
(f) procedures to verify the legality of the documents and information submitted for the registration of the branch; and
(g) procedures to provide for the role of the company service provider or other authorised person responsible for any aspect relating to the online registration of a branch of a company in accordance with the Company
Service Providers Act.
(3) The provisions of regulation 8 shall, mutatis mutandis, apply to the online registration of branches.
(4) The Registrar shall ensure that the online registration of a branch of a company is completed within ten working days from the completion of all requirements, including the receipt of documents and information required for registration of a branch by the Registrar.
(5) Where it is not possible to register a branch within the foregoing period, the Registrar shall ensure that the applicant is notified of the reasons for the delay.