The guidelines referring to the redomiciliation of offshore funds which fall under the Companies Act, Continuation of Companies Regulations, 2002, specify the documentation needed from fund promoters and outline the way the process is handled by the authorisation unit and the registry of companies at the MFSA.
A number of insurance and law firms have been using Malta’s redomicilation legislation since its inception in 2002 primarily because through its process, the companies were able to retain the same legal personality.
Due to an increase in enquires directed towards the redomiciliation process, however, there was indeed a strong need for set guidelines. Unlike other jurisdictions which require the service providers to be present in the domicile, the Malta funds regime allows funds to have external administrators and custodians.
The guidelines are available for downloading from the MFSA’s website.
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