Maltese law permits the re-domiciliation of companies into and out of Malta. This adds to the jurisdiction’s attraction to fund promoters and has, in fact, resulted in a number of offshore companies providing fund management services and offshore investment funds to move to a reputable jurisdiction such as Malta.

In terms of Maltese law, it is possible to re-domicile into Malta closed-ended or open-ended SICAVs as well as a limited liability partnership.

The re-domiciliation of funds ensures that the fund retains the same legal personality, the continuity of the fund’s performance and track history, no need to transfer the scheme’s assets, no capital gains tax incidence in the case of a transfer of units, the custody or prime brokerage contract remains unchanged and unit holders remain registered as before with their status unaffected by the move.

The MFSA has published guidelines for the re-domiciliation of offshore funds to Malta following the increase in interest in this respect. The guidelines provide a simple one-stop procedure to be followed by funds intending to re-domicile to Malta.

The possibility of re-domiciling to Malta has opened the doors to offshore funds to convert into an onshore UCITS scheme registered in an EU Member State with the associated benefits of distributing and marketing cross-border