“Aegis provides comprehensive guidance to individuals seeking assistance with the incorporation of legal entities with the Malta Business Registry, advising clients as to what the company registration requisites are, and guiding them through the entire registration process,” explains Mattea Abdilla, a lawyer with Aegis Corporate Services Limited, working mainly within the AML Sector.
To initiate the process, clients are required to complete internal forms and provide the company with due diligence documentation in relation to the entities or individuals who will be involved in the ownership and control structure of the legal entity seeking incorporation, she continues, by way of introduction.
Additionally, Aegis also offers assistance in the drafting of the Memorandum and Articles of Association of the client, and clients are provided with professional advice as to the legal obligations that must be adhered to once the legal entity is incorporated in Malta.
“Aegis Corporate Services also assists its clients in company administration, including the opening of client bank accounts and the preparation and submission of any required documentation to the relevant authorities,” Mattea says, noting that, as Legal entities cannot be registered in Malta without a registered office located in the country, Aegis provides registered office services to its clients. Besides the above-mentioned services, the Company provides directorship services and company secretarial services.
As a company licensed by the Malta Financial Services Authority (MFSA) in terms of the Trusts and Trustees Act (Chapter 331 of the Laws of Malta), Aegis is also authorized to provide fiduciary services whereby shares are held for and on behalf of ultimate beneficial owners of such assets, or on behalf of other legal entities.
“Redomiciliation permits companies incorporated in foreign countries to transfer their domicile to Malta, whereas mergers permit two different companies to be combined. Aegis is well-equipped to assist its clients by providing the necessary advice and preparing all necessary documentation for the redomiciliation or the merger of two entities,” Mattea continues.
Meanwhile, Aegis Corporate Services Limited provides an extensive range of VAT and taxation services, including the preparation and submission of annual tax returns and other necessary forms, registration of shareholders for tax refunds, provision of general tax advisory services, carrying out Fiscal Unit registrations and liaising with tax authorities on behalf of clients. VAT services include the preparation and electronic submission of VAT returns and VAT recapitulative statements, registration for the One Stop Shop, and submission of other necessary forms. Additionally, the company provides in-house bookkeeping and accounting services to its clients, as well as assistance in the preparation of financial statements, and coordination with external auditors for the statutory audit.
“The Malta Business Registry has increased its frequency of conducting inspections on clients to ensure compliance with Regulation 12 of the Companies Act (Register of Beneficial Owners) Regulations,” Mattea notes, affirming that these inspections are specifically targeted at the directors of the legal entity subject to such inspection. Here, Aegis assists its clients in compiling the documentation requested for the inspection and in preparing a comprehensive reply on behalf of its client, ensuring that the Malta Business Registry is provided with all requested information and documentation within the stipulated time-frame.On the AML/CFT front, Mattea explains that “in view of several money laundering and funding of terrorist threats which may be posed by clients, and in view of the regulatory obligations imposed, all subject persons are required to have robust AML/CFT policies and measures implemented so as to prevent the misuse of their services and to ensure adherence to AML/CFT legislation.”
Conformity to its obligations as a subject person is ensured through the, constant review of the company’s AML/CFT policies and procedures, the lawyer states, highlighting that complying with AML/CFT regulations mitigates the legal, reputational and regulatory risks posed by ML/FT, hence maintaining business stability.
The company also provides assistance to subject persons to comprehend their obligations in view of the AML/CFT legislation, including advice as to the necessary measures and policies to be implemented. “Here, we assist subject persons in onboarding clients, advise subject persons as to what customer due diligence should be collected when offering particular services, and prepare tailor-made onboarding forms to be filled by potential customers prior to being onboarded by subject persons,” she explains, adding that the collection of customer due diligence and the implementation of mitigating measures is applied to customers on a risk-based approach. Assistance in preparing for and drafting the replies to onsite inspections carried out by regulatory authorities is also provided.
At Aegis, the team is composed of qualified accountants and lawyers who have previous experience within the financial sector. The company, meanwhile, has vast experience within the commercial and corporate law fields, in particular in incorporating and administering shipping companies in terms of the Merchant Shipping Act (Chapter 234 of the Laws of Malta). This ensures that any corporate services offered, and any advice given, is adequate and specific to the clients’ needs.
Apart from that, Mattea continues, all employees attend regular training sessions both in relation to corporate services and in relation to AML obligations applicable to subject persons, to keep abreast of any legislative amendments and adhere to them.
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