Advice to Companies: Provision of an adequate Email address to the MBR

On the 6th July 2022, the Malta Business Registry (the “MBR”) has issued a new notice shedding light on the implementation of a new statutory requirement requiring companies to provide an adequate electronic mail address, which has been introduced by virtue of Act LX of 2021 and is enshrined in Article 69 (1) (d) of the Companies Act (Chapter 386 of the Laws of Malta).

The rationale behind such notice is to ensure a timely service of correspondence to company officers by reducing the dependence upon the traditional service of official correspondence to the companies’ physical registered office, and to move towards a more sustainable and electronic alternative as is necessitated in today’s digital age and encouraged on both a national and EU level. Therefore, it is crucial that such email address is valid and regularly accessed by all company’s officers.

In view of the above, the MBR requires companies to adhere to this requirement by not later than the 30th September 2022. In doing so, companies may regularise their position by either revising the respective Memorandum and Articles of Association (the "M&A")  in order to include the companies’ electronic mail address and subsequently filing the same with the said authority, or in instances where amending the M&A is not possible, by issuing a formal letter addressed to the MBR.  

Should you require any assistance in adhering to this new legal requirement, please get in touch with us. 

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