Companies Act (Cap. 386)
Companies Act (Cap. 386), article 70
70. (1) Subject to the provisions of sub-articles (3) to (6), a
public company may be designated by any name, but such name
must end with the words "public limited company" or their
abbreviation "p.l.c.":
COMP ANIES [CAP. 386. 39
Provided that where the public company is a ‘societas
europaea’ in accordance with Council Regulation (EC) No 2157/
2001 of 8 October 2001 on the Statute for a European company, in li eu
of the words "public limited company" or their abbreviation "p. l.c.",
the name of the public company sha ll be preceded or followed by the
abbreviation "SE".
(2) Subject to the provisions of sub-articles (3) to (6), a priv ate
company may be designated by any name, but such name shall end
with the words "private limited company" or the word "limited" or
its abbreviation "ltd.".
(3) ( a) Where a private company is an investment company
with variable share capital, the name of the company
shall be followed by the words "investment company
with variable share capital" or by "SICA V", followed
by the words "private limited company", "limited" or
its abbreviation.
(b) Where a public company is an investment company
w i t h f i x e d s h a r e c a p i t a l o r a n i n v e s t m e n t c o m p a n y
with variable share capital, the name of the company
shall be followed by the words "investment company
with fixed share capital" or "investment company with
variable share capital", as the case may be, followed
by the words "public limited company", or its
abbreviation. The words "investment company with
fixed share capital" may be replaced with the
abbreviation "INVCO" and the words "investment
company with variable share capital" may be replaced
with "SICA V".
(4) A company shall not be registered by a name which -
(a) is the same as a name of another commercial
partnership or so nearly similar as in the opinion of the
Registrar it could create confusion; or
(b) is in the opinion of the Registrar offensive or
otherwise undesirable; or
(c) has been reserved for registration for another
commercial partnership by a notice in writing to the
Registrar given not more than three months before the
date of the second request:
Provided that the Registrar shall notify any refusal under
this sub-article without delay t o the person requesting the
registration:
Provided further that in applying paragraph ( b), the
Registrar shall have regard, inter alia , to the business or proposed
business of the company, to the protection of the names of pers ons
who are not connected in any way with the company, and, in the
case of a private company, to the names of the members.
(5) A company shall not be registered by a name which
includes the word "fiduciary", "nominee" or "trustee", or any
abbreviation, contraction or der ivative thereof, unless such
40 CAP. 386.] COMP ANIES
company is authorised to act as a trustee in terms of the appli cable
laws of Malta, or unless otherwise permitted to do so by the
relevant competent authority.
(6) A person or persons trading o r carrying on business or other
activity -
(a) under a name or title which ends with the words
"public limited company" or "p.l.c." or "private limited
company" or "limited" or "ltd." or a contraction or
imitation thereof and which is not the name of a duly
registered company; or
(b) under a name or title which contains the words
"fiduciary", "nominee" or "trustee", or any
abbreviation, contraction or derivative thereof, which
is not the name of a company which is authorised to
use such name as provided in sub-article (5); or
(c) under a name or title which contains the words
"investment company with fixed share capital" or
"INVCO" or a contraction or imitation thereof when the
person or persons are not a public company which is
an investment company with fixed share capital; or
(d) under a name or title which contains the words
"investment company with variable share capital" or
"SICA V" or a contraction or imitation thereof when the
person or persons are not an investment company with
variable share capital,
shall be liable to a penalty, and, for every day during which t he
default continues, to a further penalty.
Objects of
company.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.