Registrations

Registering a Tradename (Form EA2) and/or a Partnership (Form EA3) with the Property Market Agency.

When submitting an EA2 application form (Registering a Tradename with the Property Market Agency), one needs to provide the following documentation:

  • Proof of tradename registration – the applicant can provide an extract from the Malta IP Register (Commerce Department) or the EUIPO;
  • Proof of partnership registration (if applicable) – the applicant may provide a Certificate of Incorporation (in the case of a Private or Public Company, or Partnership En Commandite, or Partnership En-Nom Collectif) or a Partnership Deed (in the case of a Civil Partnership)
  • Franchise Agreement (if applicable) – which clearly indicates that the franchisee is allowed to use the franchisors’ intellectual property. property.

When submitting an EA3 application form (Registering a Partnership with the Property Market Agency), one is to provide the following documentation:

  • A Valid Identification Document of ALL Beneficial Owners/Partners, Directors, and Company Secretary/ies.
  • A Recent Certificate of Conduct (not earlier than one (1) month from date of application) of ALL Beneficial Owners/Partners, Directors, and Company Secretary/ies.
  • A Recent Declaration/s of the Financial Standing – (not earlier than six (6) months from date of application) for all Beneficial Owners/Partners, Directors, and Company Secretary/ies issued by a Notary Public or a Warranted Certified Public Accountant registered in Malta.
    • If the declaration/s is/are provided by a CPA, the warrant number must be provided on the document. Through the signed declaration the Notary or CPA must confirm that each beneficial owner, director, partner, and company secretary is NOT interdicted or incapacitated in terms of civil law and is of good financial standing and has never been declared bankrupt and is not currently involved in any bankruptcy or liquidation proceedings.
  • Memorandum and Articles of Association – the main objective of the Partnership must include property intermediation and must be be reflected in the Memorandum and Articles of Association or Partnership Deed.

The Property Market Agency Act clearly states that “There shall be no change in Beneficial Ownership, in the Board of Directors, or Partners, or Company Secretary/ies of a Partnership (Company/Legally Recognised Partnership) unless the Agency has been notified and has given its approval.”

The Partnership may not resume its intermediation activity unless such changes are approved by the Property Market Agency.

The Property Market Agency shall also be informed whenever:

  • Any one (1) Director, or Partner, or Company Secretary/ies, or Beneficial Owner of the Partnership (Company/Legally Recognised Partnership) resigns or is otherwise removed;
    OR
  • It is decided that a Partnership (Company/Legally Recognised Partnership) is to be dissolved and consequently wound up.