Reforming the private exempt company

Abstract

Since its inception under Maltese law in 1962, the private exempt company has surged in popularity in view of the advantages and benefits afforded to it when compared to other corporate vehicles. Following a brief introduction, which provides an overview of the different commercial partnerships that exist under Maltese law, this thesis then goes on to carry out an in depth study of all of the quasi-unique particularities of the exempt company and analyses their individual importance and relevance. The thesis then moves to put forward and examine a number of alternative new features that can be bestowed upon the exempt company so as to secure its long term sustainability and success in line with the reasons behind its inception. These characteristics will ensure that the exempt company continues to possess the required flexibility and resilience that is needed to face today’s constantly changing and challenging business environment. The above is discussed in light of the current corporate forum found in foreign jurisdictions and touches upon a number of aspects that are present in their different corporate vehicles, that facilitate setting up, maintenance and day-to-day administrative requirements whilst maintaining Malta’s status as a reputable financial services hub and more importantly safeguarding the best interest of the company and its shareholders.