1.1.Malta Company Formation

Company formation Memorandum & Articles of Association, appointment of first directors, share certificates, registered offices, registered agent, professional directors, professional secretary, professional shareholder, government fees.
Share capital; The share capital of the company may be denominated in any currency. The minimum issued share capital for a private company is Euro 1165, at least 20% of which must be paid up. Company with minimum share capital, 20% must be paid up = ?245
VAT registration On request.
Bank account On request. 
Accounting and book-keeping Annual accounts / Audited accounts once a year. The annual accounts must be filed within 10 months from the end of the Financial year. Cost report - information on request.
TOTAL 4300.00 EUR

1a.Malta - Overseas Companies & Branches

Eligibility for Registration A citizen of Malta or a citizen of a Member State of the E.U. or of an EEA State, or Switzerland, having a place of residence or business in Malta, the E.U., the EEA, or Switzerland, including a person sharing in the ownership of such aircraft by virtue.

Of the community of acquits subsisting between such person and a citizen as described above in whose name the aircraft is registered.

An undertaking formed and existing in accordance with the laws of Malta, of a Member State of the E.U., of an EEA State, or of Switzerland and having its registered office, central administration and principal place of business within Malta, or the E.U., or the EEA, or Switzerland, whereof not less than 50% of the undertaking is owned and effectively controlled by the Government of Malta, or by any Member State of the E.U. or by persons referred to above, whether directly or indirectly through one or more intermediate undertakings.

Example: BVI company Within 1 month of establishing a place of business in Malta, the oversea company must deliver to Companies Registry the relevant documents and prescribed statutory forms.

Therefore it is necessary to have:

1- An address at which the place of business is effectively established;

and

2- A person resident in Malta who is authorized to represent the oversea company in Malta in re-spect of the activities of the branch or place of business established in Malta (the extent of the authorized representative's authority must be disclosed).

Malta Companies Registrar must be kept up to date and notified should there be any changes to:

1 -The Memorandum and Articles of Association or constitutive documents, charter or statute of an oversea company;

or

2-The director/s or company secretary or the persons vested with the administration or the representation of an oversea company;

or

3 -The names or addresses of the individuals authorised to represent the oversea company.

Annual accounts / Audited accounts once a year. The annual accounts must be filed within 10 months from the end of the Financial year. Cost report - information on request.

4300.00 EUR

1. Malta Aircraft Registration

None

None

Yes

Yes

Application for aircraft registration can be done using the dedicated application form AITP-R01 Appendix I. This form can be downloaded from the Transport Malta website or can be obtained upon request from the Civil Aviation Directorate offices in Luqa Airport or from the Airworthiness Inspectorate.

During the registration process the registrant (applicant) would be required to submit legal documentation to substantiate the information entered in the application form. This documentation would usually include, but may not be restricted to the following:

- A bill of sale or other proof of ownership of the aircraft. (Certified true copy notarized and legalized if from abroad);

- A copy of the lease or operating agreement if the aircraft is leased;

- A de-registration certificate or formal notification by the civil aviation authority if the aircraft was previously registered in another state;

- A Statement on registered mortgages or similar encumbrances as the case may be;

- Power of attorney, company resolution or evidence of authority for signatory/ies of application form.

For company:

- A certified copy of the Company's Memorandum and Articles of

Association.

- An original Legal Opinion, legalized and apostilled, by a lawyer in

the jurisdiction where the foreign owned company is registered

(not required for Malta company).

- An updated original Certificate of Good Standing issued by the

Company Registry where the foreign company is based.

- Information and ID of Directors.

For an International (international companies, representative office, branch office ):

- Appointment of Resident Agent.

- Acceptance in writing of resident agent.

Application For The Issue Of A Certificate Of Airworthiness/Permit To Fly/Export Conformity Statement.

Application Details : Name of Owner/Registrant/Operator / New or Used

/ State of Manufacture / constructor of Aircraft / Manufacturer's Serial/Construction Number / Type of Engine(s) / APU Type/ Serial Number

/ Maximum Take-Off Mass (Kg) / Maximum Landing Mass (Kg) /Export Certificate (Aircraft Imported from outside EU/EASA Member state)/

Radio installation.

Accounting and Audit Annual accounts / Audited accounts once a year. The annual accounts must be filed within 10 months from the end of the Financial year. Cost report - information on request.
TOTAL 4300.00 EUR

2.Malta Aircraft Registration

Age restriction None
Weight restriction None
Private use Yes
Charter use Yes
Application Form for Registration Application for aircraft registration can be done using the dedicated application form AITP-R01 Appendix I. This form can be downloaded from the Transport Malta website or can be obtained upon request from the Civil Aviation Directorate offices in Luqa Airport or from the Airworthiness Inspectorate.
Issue of Registration Certification

During the registration process the registrant (applicant) would be required to submit legal documentation to substantiate the information entered in the application form. This documentation would usually include, but may not be restricted to the following:

- A bill of sale or other proof of ownership of the aircraft. (Certified true copy notarized and legalized if from abroad);

- A copy of the lease or operating agreement if the aircraft is leased;

- A de-registration certificate or formal notification by the civil aviation authority if the aircraft was previously registered in another state;

- A Statement on registered mortgages or similar encumbrances as the case may be;

- Power of attorney, company resolution or evidence of authority for signatory/ies of application form.

For company:

- A certified copy of the Company's Memorandum and Articles of

Association.

- An original Legal Opinion, legalized and apostilled, by a lawyer in

the jurisdiction where the foreign owned company is registered

(not required for Malta company).

- An updated original Certificate of Good Standing issued by the

Company Registry where the foreign company is based.

- Information and ID of Directors.

For an International (international companies, representative office, branch office ):

- Appointment of Resident Agent.

- Acceptance in writing of resident agent.

 

Application for Certificate of Airworthiness Application For The Issue Of A Certificate Of Airworthiness/Permit To Fly/Export Conformity Statement.

Application Details : Name of Owner/Registrant/Operator / New or Used

/ State of Manufacture / constructor of Aircraft / Manufacturer's Serial/Construction Number / Type of Engine(s) / APU Type/ Serial Number

/ Maximum Take-Off Mass (Kg) / Maximum Landing Mass (Kg) /Export Certificate (Aircraft Imported from outside EU/EASA Member state)/

Radio installation.

Certification Regulation (Certificate of Airworthiness) NEW Aircraft - Refer to Regulation (EC) No 748/2012 Part-21.A.174 (b), (c).

For a new aircraft coming from an EASA member state following documents shall be submitted together with the application:

A statement of Conformity (EASA Form 52) issued under Part-21A.163 (b), or issued under Part-21.A.130 and validated by the competent authority (the latter case is when the manufacturer does not hold a POA Part-21 Subpart G approval):

- A weight and balance report with a loading schedule;

- The flight manual, when required by the applicable airworthiness code for the particular aircraft.

The statement shall be issued no more than 60 days before presentation of the aircraft to the TM CAD.

For a new imported aircraft - (eg. From Canada, USA or Brazil):

- A statement signed by the exporting authority that the aircraft conforms to a design approved by the Agency;

- A weight and balance report with a loading schedule;

- The flight manual, when required by the applicable airworthiness code for the particular aircraft.

The statement shall be issued no more than 60 days before presentation of the aircraft to the TM CAD.

USED Aircraft - Refer to Regulation (EC) No 748/2012 Part-21.A.174 (b), (c)

Originating from an EASA member state – a valid airworthiness review certificate issued by the EASA member state in accordance with Part-M Subpart I is required .

Originating from a non-member state - Refer to Regulation (EC) No 748/2012 Part-21.A.174 (b)3, (c).

- A Radio Station Licence shall be obtained by the owner/operator of the aircraft in accordance with Radio Communications Act (Chapter 49) from the Malta Communications Authority.

- Compliance with various technical specifications must be demonstrated. The Information and Advisory Notice No. 2 on the Application for Certificate of Airworthiness details the compliance regulations for: instruments and equipment, including communication and navigation equipment; noise regulations; emissions regulations; fuel venting regulations; access to emergency exits and foot entrapment; modifications and repairs; the maintenance programme. For operators there are additional airworthiness requirements under JAR-26, as incorporated by Civil Aviation (Joint Aviation Requirements) Order as amended. Applicability of JAR-26 is in accordance with JAR-26.1. JAR-26 Subpart B mainly covers: Emergency provisions, Fire Protection, Systems and Equipment.

- Further technical documentation must be submitted to the CAD for prior review - eg. the Aircraft Flight Manual and Minimum Equipment List. The complete list of required documentation is detailed in the Information and Advisory Notice No. 2.

Aircraft Maintenance Programme Development and Approval A maintenance programme must be established and approved by the Transport Malta Civil Aviation Directorate. This is pursuant to Regulation (EC) 2042/2003 Annex I (Part-M) M.A.302 . Compliance must be shown with the instructions issued by the Civil Aviation Directorate and the instructions for continuing airworthiness issued by the holders of type certificate (TC), restricted type certificate (RTC), supplementary type

certificate (STC), major repair design approval, ETSO authorisation or any other relevant approval issued under Regulation (EC) No 1702/2003 and its Annex (Part-21). AMC to M.A.302 describes the acceptable means which may be used by aircraft owners/operators in order to achieve compliance with the requirements of M.A.302.

Inspection interval Annual

The aircraft is now cleared for operations

example

Benefits of registering an aircraft in Malta include:

  • Aircraft Registration Act, 2010 - has opened up and in-creased flexibility in the registration and use of financing for aircraft.
  • Acceding to the Cape Town Convention of International Interests in Mobile Equipment & Aircraft Protocol - the international standard - ensures added security to credi-tors; allowing 'self help' remedies without recourse to Courts; possibility of 'Cape Town discounts' on interests rates for financiers.
  • As a member of the EU, Malta issues commercial opera-tors with EU-OPS 1 certification (aircraft) and JAR-OPS 3 (helicopters); providing 24/7 registration.
  • Malta offers a considerable cash flow advantage by manifesting accelerated tax depreciation rates for the aviation sector (6 years for the aircraft and engines and 4 years for interiors).
  • Malta's tax system is quite unique because due to the possibility of tax refunds, its effective tax rate becomes the lowest in the EU. In addition, characteristics such as the participation exemption and the availability of a wide network of double taxation treaties, render Malta a highly tax friendly jurisdiction.
 

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