The Malta Business Registry (MBR) has issued an important notice to Subject Persons and Administrators of Legal Organisations, following amendments to the Second Schedule to the Civil Code. Under Maltese Civil law, organisations may be established in different legal forms, including as foundations or associations, amongst others.
Act XVII of 2020 extends the functions of the Registrar of Companies to also include the functions of the Registrar of Legal Persons, which now forms part of the MBR.
According to the amendments, the words “Registrar for Legal Persons”, wherever appearing in the Second Schedule to the Civil Code, shall now for all intents and purposes of law be deemed to mean “The Registrar of Companies” as defined in Articles 400 and 401 of the Companies Act. To that end, the Registry for Legal Persons has been moved from the Public Registry to the MBR instead. Any references to the Minister for Justice in the relevant articles have been replaced. Such matters are now within the remit of the Minister responsible for the registration of limited liability companies and commercial partnerships.
Further to the above, annual fees and registration fees are now payable to the bank account of the MBR. The Foundations and Associations Unit within the MBR receives and processes applications for registration of legal organisations in line with Second Schedule of the Civil Code.
The full notice as published by the Malta Business Registry contains important information for individuals acting as administrators of legal organisations, and may be accessed here.
The above article is published for general information purposes only and does not constitute legal advice. For queries relating to the law on legal organisations, foundations and associations in Malta, contact us here.