Malta: Corporate/Commercial Law

Malta's Companies Act prohibits companies from providing financial assistance for the acquisition of their own shares or those of their parent company, but private companies can circumvent this restriction through a 'whitewash procedure.' This article examines the scope of the prohibition, the rationale behind capital maintenance rules, and the practical steps required to lawfully provide financial assistance in M&A transactions.

Malta has maintained its position as Europe's premier B2B gaming jurisdiction for over two decades, but what structural characteristics explain this sustained dominance despite increasing competition and regulatory demands? This analysis examines the Malta Gaming Authority's licensing framework, fiscal architecture, commercial ecosystem, and substance requirements to assess whether Malta's reputation as the optimal base for European gaming operations remains justified in 2026.

Malta's beneficial ownership regime undergoes significant changes following Legal Notice 184 of 2026, introducing new reporting obligations, stricter identification requirements, and a tiered access system. Companies with natural person shareholders face a critical 10 January 2027 deadline to assess compliance and file new declarations or risk substantial penalties.