Incorporating a Company

The Gibraltar Companies Act is based on English Legislation and has recently been amended to include relevant EU Directives. A Gibraltar company can be incorporated within two to three days. However, upon payment of an additional fee, same day incorporation can be effected. Clearance of the company’s name is required prior to incorporation.

The following types of companies are available:

• Limited by shares (public or private)
• Limited by guarantee, with or without share capital
• Unlimited, with or without share capital

Incorporated companies must comply with the following:

• For a private company – minimum number of shareholders is one
• For public companies the minimum number of shareholders is seven (Corporate and nominee shareholders are permitted)

A Gibraltar company is required to maintain a registered office in Gibraltar where the Statutory Books are kept. In the case of private company a sole director is permitted, although a minimum of two is advisable. A public company on the other hand must have at least two directors. Directors are not required to hold qualifying shares and corporate directors are also permitted.

An AGM of shareholders is required to be held once a year albeit anywhere in the world.

Many of the facilities available in Company Management in Gibraltar are unique within the European Union. The benefits include swift incorporation, extensive company management services and favourable fiscal advantages.

The Registry

The Gibraltar Companies Registry, which operated solely on a commercial basis, (Companies House, Gibraltar) is now fully automated. A company is required to file returns to include the registered office, directors, allotments of shares and an annual return. Moreover, Company searches and name clearances can be carried out within a matter of hours.

Note:
It should be noted that companies undertaking financial services are subject to licensing and regulation by the Financial Services Commission (FSC). These requirements are distinct and an addition to those that are outlined in the section. Please visit www.fsc.gi for further details.

For further information please visit: www.companieshouse.gi