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Mergers and Acquisitions in Malta
At A2CO, we act as your trusted advisory partner for mergers and acquisitions in Malta. We provide tailored support across every stage of the acquisition transaction or merger process. Our deep knowledge of the Maltese market, specific sectors, and EU regulations allow us to guide your M&A journey with care, ensuring compliance with the laws of Malta, strategic alignment, and added value for your business and shareholders.
Mergers and Acquisitions in Malta: Types, Transactions, and Regulatory Oversight
Strategic Opportunities with Regulatory Clarity
Malta’s strategic location, robust legal framework, and investor-friendly environment have positioned it as an attractive jurisdiction for corporate mergers and acquisitions (M&A). The country offers a stable regulatory system rooted in both civil and common law traditions, harmonised with EU directives, making it particularly appealing to both domestic and cross-border transactions.
Whether used as a tool for corporate restructuring, market expansion, or investment realignment, M&A activity in Malta is subject to a defined legal and regulatory regime. This includes oversight from authorities such as the Malta Business Registry (MBR), the Malta Financial Services Authority (MFSA), and the Office for Competition under the Malta Competition and Consumer Affairs Authority (MCCAA).
With extensive experience in guiding both local and international clients through complex mergers and acquisitions, A2CO offers tailored support throughout the M&A lifecycle, from due diligence and regulatory compliance to post-deal integration.
Understanding Mergers and Acquisitions in a Corporate Context
A merger or acquisition refers to the process where two or more companies combine or one company acquires another. These transactions can take many forms, including a merger by formation of a new company, a merger by acquisition, the acquisition of shares or assets, or a merger by absorption. Whether you are consolidating businesses or seeking growth through acquisition, A2CO provides support every step of the way.
In the corporate landscape, mergers and acquisitions (M&A) represent key strategic tools for business growth, restructuring, or market consolidation. A merger typically involves the combination of two or more companies into a single legal entity, while an acquisition refers to one company taking control over another by purchasing its shares or assets. These transactions enable businesses to achieve economies of scale, diversify their operations, or enter new markets.
In Malta, M&A transactions are governed by a combination of company law, securities regulation, and competition law, ensuring that the process is transparent, legally compliant, and protects stakeholder interests.
Types of Mergers and Acquisition Transactions Explained
M&A transactions can take various forms under Maltese law, including but not limited to:
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Horizontal Mergers: Between companies operating in the same industry.
-
Vertical Mergers: Combining companies operating at different stages of the supply chain.
-
Conglomerate Mergers: Between companies in unrelated business activities.
-
Asset Acquisitions: Where the buyer acquires specific assets of the target company.
-
Share Acquisitions: Where the buyer purchases shares, gaining control over the target.
Each type carries distinct legal, tax, and operational implications that require careful evaluation.
Strategic Guidance for Merging Businesses and Acquiring Companies
A successful M&A strategy in Malta begins with a clear understanding of business objectives, risk assessment, and stakeholder impact. It is critical for companies to:
-
Align the M&A with long-term corporate goals.
-
Assess financial viability and integration potential.
-
Consider cultural fit and human resource implications.
-
Develop a clear communication plan for shareholders, employees, and regulators.
Strategic advice should also address potential challenges such as valuation disputes, financing, and post-transaction integration.
Legal Preparation, Due Diligence, and Office for Competition Compliance
At A2CO, we carry out detailed due diligence on the financial, legal, and operational aspects of the target company. This process includes a thorough review of corporate records, contracts, liabilities, intellectual property rights, employment agreements, and any ongoing litigation. Our goal is to uncover potential risks and opportunities, enabling you to negotiate fair terms and make informed decisions.
We also ensure full compliance with Maltese law, including obligations under the Companies Act, the Competition Act, and applicable EU directives. Particular attention is given to control of concentrations regulations enforced by the Office for Competition, to ensure that the transaction does not distort or restrict effective competition in the Maltese market.
Our team assists with the preparation of transactional documentation, coordination of regulatory filings, and, where applicable, the notification or publication of draft merger terms. In addition, we offer continued corporate support including assistance with directorship appointments and company secretary roles.
Strategic Opportunities with Regulatory Clarity
Malta’s strategic location, robust legal framework, and investor-friendly environment have positioned it as an attractive jurisdiction for corporate mergers and acquisitions (M&A). The country offers a stable regulatory system rooted in both civil and common law traditions, harmonised with EU directives, making it particularly appealing to both domestic and cross-border transactions.
Whether used as a tool for corporate restructuring, market expansion, or investment realignment, M&A activity in Malta is subject to a defined legal and regulatory regime. This includes oversight from authorities such as the Malta Business Registry (MBR), the Malta Financial Services Authority (MFSA), and the Office for Competition under the Malta Competition and Consumer Affairs Authority (MCCAA).
With extensive experience in guiding both local and international clients through complex mergers and acquisitions, A2CO offers tailored support throughout the M&A lifecycle, from due diligence and regulatory compliance to post-deal integration.
Understanding Mergers and Acquisitions in a Corporate Context
A merger or acquisition refers to the process where two or more companies combine or one company acquires another. These transactions can take many forms, including a merger by formation of a new company, a merger by acquisition, the acquisition of shares or assets, or a merger by absorption. Whether you are consolidating businesses or seeking growth through acquisition, A2CO provides support every step of the way.
In the corporate landscape, mergers and acquisitions (M&A) represent key strategic tools for business growth, restructuring, or market consolidation. A merger typically involves the combination of two or more companies into a single legal entity, while an acquisition refers to one company taking control over another by purchasing its shares or assets. These transactions enable businesses to achieve economies of scale, diversify their operations, or enter new markets.
In Malta, M&A transactions are governed by a combination of company law, securities regulation, and competition law, ensuring that the process is transparent, legally compliant, and protects stakeholder interests.
Types of Mergers and Acquisition Transactions Explained
M&A transactions can take various forms under Maltese law, including but not limited to:
-
Horizontal Mergers: Between companies operating in the same industry.
-
Vertical Mergers: Combining companies operating at different stages of the supply chain.
-
Conglomerate Mergers: Between companies in unrelated business activities.
-
Asset Acquisitions: Where the buyer acquires specific assets of the target company.
-
Share Acquisitions: Where the buyer purchases shares, gaining control over the target.
Each type carries distinct legal, tax, and operational implications that require careful evaluation.
Strategic Guidance for Merging Businesses and Acquiring Companies
A successful M&A strategy in Malta begins with a clear understanding of business objectives, risk assessment, and stakeholder impact. It is critical for companies to:
-
Align the M&A with long-term corporate goals.
-
Assess financial viability and integration potential.
-
Consider cultural fit and human resource implications.
-
Develop a clear communication plan for shareholders, employees, and regulators.
Strategic advice should also address potential challenges such as valuation disputes, financing, and post-transaction integration.
Legal Preparation, Due Diligence, and Office for Competition Compliance
At A2CO, we carry out detailed due diligence on the financial, legal, and operational aspects of the target company. This process includes a thorough review of corporate records, contracts, liabilities, intellectual property rights, employment agreements, and any ongoing litigation. Our goal is to uncover potential risks and opportunities, enabling you to negotiate fair terms and make informed decisions.
We also ensure full compliance with Maltese law, including obligations under the Companies Act, the Competition Act, and applicable EU directives. Particular attention is given to control of concentrations regulations enforced by the Office for Competition, to ensure that the transaction does not distort or restrict effective competition in the Maltese market.
Our team assists with the preparation of transactional documentation, coordination of regulatory filings, and, where applicable, the notification or publication of draft merger terms. In addition, we offer continued corporate support including assistance with directorship appointments and company secretary roles.
Tax considerations
Before embarking on an M&A project, it is important that one takes into consideration the impact that taxation in different jurisdictions may have on the transaction. Aspects such as exit taxation should not be overlooked since these may have a huge impact on the transaction. At A2CO we can assess the tax implications that such transaction may have on the business and can help you mitigate the tax impact.
Malta’s Merger Control, Amalgamation, and Post-Acquisition Integration
Malta’s Merger Control Regime
Malta’s merger control is governed by the Control of Concentrations Regulations (Subsidiary Legislation 379.08). Under this mandatory regime, the Malta Competition and Consumer Affairs Authority (MCCAA), through its Office for Competition led by the Director General (Competition), reviews mergers and acquisitions (“concentrations”) to prevent significant lessening of competition in Malta’s markets.
A concentration occurs when two previously independent undertakings merge, or when one party acquires direct or indirect control over another, including the creation of a full-function joint venture. A transaction is notifiable if:
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The combined aggregate turnover exceeds approximately €2.3 million; and
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Each party involved has a turnover in Malta of at least 10% of that combined amount.
Control is defined as the power to exercise decisive influence over an undertaking’s operations or decisions.
Notifications must be submitted using the Concentration Notification Form (Form CN), which requires detailed information about the transaction, ownership structures, market impact, and supporting documentation such as financial statements and market analyses. A filing fee of €163.06 is payable upon submission. The regime applies to both Maltese and foreign-to-foreign transactions where there is significant turnover in Malta.
Once notified, the MCCAA undertakes a Phase I review to assess competition concerns within six weeks (or four weeks for simplified cases). If serious doubts remain, a more detailed Phase II investigation may be opened, lasting up to four months. The MCCAA may approve, conditionally approve, or prohibit the transaction based on its impact on competition.
Depending on the industry, separate notifications may be required by other authorities, such as the Malta Financial Services Authority or the Malta Gaming Authority. Additionally, foreign direct investments in sensitive sectors must notify the National Foreign Direct Investment Screening Office under Malta’s FDI screening framework.
Amalgamation and Post-Merger Integration of Businesses
M&A transactions often culminate in amalgamation or exit strategies. Maltese law provides mechanisms such as:
-
Scheme of Arrangement for court-approved mergers.
-
Voluntary dissolution following asset transfers.
-
Structured exit routes through share buybacks or public offers.
Business owners should plan their exit carefully, balancing tax consequences, succession planning and shareholder interests to maximise value.
M&A transactions may seem complex, but they are pivotal opportunities that define your business’s future. At A2CO, we bring clarity, meticulous planning, and deep local expertise to transform your M&A activities into strategic milestones. Contact us to discover how we can support your growth with expertly managed mergers and acquisitions in Malta.
Malta’s Merger Control Regime
Malta’s merger control is governed by the Control of Concentrations Regulations (Subsidiary Legislation 379.08). Under this mandatory regime, the Malta Competition and Consumer Affairs Authority (MCCAA), through its Office for Competition led by the Director General (Competition), reviews mergers and acquisitions (“concentrations”) to prevent significant lessening of competition in Malta’s markets.
A concentration occurs when two previously independent undertakings merge, or when one party acquires direct or indirect control over another, including the creation of a full-function joint venture. A transaction is notifiable if:
-
The combined aggregate turnover exceeds approximately €2.3 million; and
-
Each party involved has a turnover in Malta of at least 10% of that combined amount.
Control is defined as the power to exercise decisive influence over an undertaking’s operations or decisions.
Notifications must be submitted using the Concentration Notification Form (Form CN), which requires detailed information about the transaction, ownership structures, market impact, and supporting documentation such as financial statements and market analyses. A filing fee of €163.06 is payable upon submission. The regime applies to both Maltese and foreign-to-foreign transactions where there is significant turnover in Malta.
Once notified, the MCCAA undertakes a Phase I review to assess competition concerns within six weeks (or four weeks for simplified cases). If serious doubts remain, a more detailed Phase II investigation may be opened, lasting up to four months. The MCCAA may approve, conditionally approve, or prohibit the transaction based on its impact on competition.
Depending on the industry, separate notifications may be required by other authorities, such as the Malta Financial Services Authority or the Malta Gaming Authority. Additionally, foreign direct investments in sensitive sectors must notify the National Foreign Direct Investment Screening Office under Malta’s FDI screening framework.
Amalgamation and Post-Merger Integration of Businesses
M&A transactions often culminate in amalgamation or exit strategies. Maltese law provides mechanisms such as:
-
Scheme of Arrangement for court-approved mergers.
-
Voluntary dissolution following asset transfers.
-
Structured exit routes through share buybacks or public offers.
Business owners should plan their exit carefully, balancing tax consequences, succession planning and shareholder interests to maximise value.
M&A transactions may seem complex, but they are pivotal opportunities that define your business’s future. At A2CO, we bring clarity, meticulous planning, and deep local expertise to transform your M&A activities into strategic milestones. Contact us to discover how we can support your growth with expertly managed mergers and acquisitions in Malta.
Our Services
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Strategic advisory for merger and acquisition planning
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Full support with acquisition transactions and amalgamations
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Pre-merger structuring and guidance on deal financing and tax implications
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M&A due diligence, legal reviews, and regulatory compliance
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Drafting and preparation of acquisition documents and merger agreements
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Coordination with legal advisors, accountants, and the Office for Competition
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Assistance with shareholder structuring, share transfers, and corporate changes
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Post-merger integration support and long-term advisory services
Why Choose A2CO
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Trusted expertise across all stages of the M&A process
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Deep understanding of Maltese law and EU regulations
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Clear, practical advice tailored to buyers, sellers, and corporate groups
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Experience with both local and cross-border acquisition transactions
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End-to-end support, from deal structuring to post-merger integration
Frequently Asked Questions
A merger combines two or more companies into one, while an acquisition involves one company taking control of another.
Due diligence involves a detailed review of the target company’s financials, legal position, and operations to help you make informed decisions.
We guide you through each step of the sale, from strategic planning and valuation to documentation, compliance, and final execution.
The timeline varies depending on the complexity of the transaction, but we manage each stage to keep the process clear and efficient.
Acquiring a business can unlock growth, expand market presence, and create value through synergies and integration.
