Choosing Your Identity: Navigating Malta Company Name Restrictions & Reservation

The journey of Malta company formation begins with a foundational, yet often underestimated, step: selecting your company’s name. This name is more than just a label; it’s the cornerstone of your brand identity, your first impression on clients and partners, and a legal identifier registered with the Malta Business Registry (MBR). While creativity is encouraged, the process is governed by specific rules and restrictions designed to ensure clarity, prevent deception, and maintain the integrity of the Maltese corporate register.

Understanding these Malta company name rules and the official company name reservation process before you get too attached to a particular moniker can save you significant time, potential frustration, and even re-branding costs down the line. What makes a name acceptable to the MBR? What words or phrases are off-limits? And how can you secure your chosen name while you prepare the rest of your incorporation documents?

As corporate services consultants, we at Contact Advisory Services Ltd. guide clients through this preliminary stage daily. This article will provide a clear, detailed explanation of the Malta company name restrictions you need to be aware of and walk you through the practical steps of the name reservation process. Let’s ensure your chosen business identity is both distinctive and compliant.

The Importance of a Compliant Company Name in Malta

Your company name is formally recorded in the Memorandum of Association and appears on your Certificate of Registration. It will be used on all official documents, contracts, invoices, and your website. Therefore, ensuring it meets Maltese legal requirements from the outset is crucial for several reasons:

• Legal Compliance: Adherence to the Companies Act and MBR guidelines is mandatory. Non-compliant names will be rejected, delaying your incorporation.
• Brand Protection (Basic): While name registration isn’t full trademark protection (a separate process), ensuring uniqueness prevents direct conflicts with existing registered entities.
• Professional Image: A well-chosen, compliant name projects professionalism and avoids any impression of misleading the public or illegitimately associating with other entities or functions.
• Smooth Registration Process: Addressing name compliance upfront streamlines the overall Malta company registration journey.

Decoding the Rules: What Makes a Malta Company Name Acceptable?

The Malta Business Registry (MBR) applies several key criteria when assessing the acceptability of a proposed company name. Here are the primary restrictions and considerations:

1. Uniqueness – Avoiding Confusion:

• Identical or Too Similar: The proposed name cannot be identical to, or so similar to, the name of an existing company already registered in Malta (or a name already reserved) that it is likely to cause confusion or mislead the public. The MBR has discretion here.
  • Example: If “Malta Premium Solutions Ltd” exists, “Malta Premium Solution Ltd” or “Premium Solutions (Malta) Ltd” would likely be rejected.
• Phonetic Similarity: Even if spelled differently, names that sound too similar might be rejected.
• Minor Variations: Simply adding a generic word like “Holdings,” “International,” “Group,” or changing “Ltd” to “Limited” to an existing name is usually not enough to create sufficient distinction.

2. Desirability & Offensiveness:

• Not Offensive: The name must not be offensive, vulgar, or contrary to public policy or morality.
• Not Misleading: The name should not be misleading regarding the nature of the company’s activities, its scale, or its affiliations. For instance, a small startup cannot use a name that falsely implies it’s a large, established financial institution.

3. Restricted Words & Phrases – Implying Patronage or Special Status:

• Government Affiliation: Names suggesting patronage of, or connection with, local or foreign governments, heads of state, or government departments are generally prohibited unless specific consent is obtained (which is rare and highly scrutinized). Examples include using “Royal,” “National,” “Government,” “Authority” in a way that implies official status.
• Professional Designations: Using terms like “Bank,” “Insurance,” “Trust,” “Assurance,” “Stock Exchange,” “University,” “Pharmacy,” etc., is restricted and typically requires the company to be licensed or authorised to carry out such activities. The MBR will verify this.
• “European” or “EU”: While not outright banned, use of these terms might be scrutinised to ensure it doesn’t mislead about the company’s official status or scale if it’s a small, purely local entity.
• Charitable Status: Names implying charitable status (e.g., “Foundation” used in a non-charitable context) may be restricted unless the entity is genuinely structured as such.

4. Language and Characters:

• Permitted Characters: Generally, names should use the Latin alphabet.
• Numerals & Symbols: Use of numerals is generally acceptable. Use of symbols might be limited.
• “Malta” or “Maltese”: Using these terms is permissible but doesn’t grant any special status. It simply indicates a connection or location.

5. The Correct Suffix – Identifying Company Type:

• Private Limited Company: Must end with “Limited” or “Ltd.” (or their Maltese equivalents “Limitata” or “LTD”).
• Public Limited Company: Must end with “Public Limited Company” or “PLC” (or “Soċjetà Pubblika Limitata” or “S.P.L.”).
• Partnerships: En Nom Collectif partnerships often incorporate the partners’ names. En Commandite may also have specific naming conventions.

Actionable Tip: Before getting your heart set on a name, conduct a preliminary, informal search on the MBR’s online portal (external link, consider linking to the MBR directly). While not definitive, it can quickly rule out obviously taken names.

The “How-To”: Reserving Your Chosen Company Name in Malta

Once you have a few preferred names that you believe meet the criteria, the next step is to formally reserve one with the MBR. Name reservation is a crucial part of the Malta business setup process.

Why Reserve a Company Name?

Reserving a name gives you a period of exclusivity (typically three months, with potential for renewal) during which that name cannot be registered by another party. This allows you time to prepare and submit your full incorporation documents without the risk of someone else taking your desired name.

The Name Reservation Process:

1. Check Availability (Formally and Informally):
   • Informal Search: As mentioned, use the MBR’s online portal for a quick initial check.
   • Formal Submission: The actual reservation is done by submitting a specific “Request for Reservation of Company Name” form (Form RCN1) to the MBR. This can usually be done online through the MBR portal or via an authorised intermediary like Contact Advisory Services Ltd.
2. Provide Details: The form will require:
   • The proposed company name(s) – you can often list a few preferences in order.
   • The type of company being formed (e.g., Private Limited Company).
   • The details of the applicant (often your corporate service provider).
3. Pay the Reservation Fee: A nominal fee is payable to the MBR for name reservation. (As of early 2025, this was typically around €25, but always verify current MBR fees).
4. MBR Review: The MBR will review your proposed name(s) against the criteria discussed above (uniqueness, desirability, restricted words, etc.).
5. Confirmation of Reservation (or Rejection):
   • If Approved: The MBR will issue a “Confirmation of Name Reservation,” stating the reserved name and the period for which it’s reserved (usually three months).
   • If Rejected: The MBR will provide a reason for rejection (e.g., too similar to an existing name, contains restricted words without justification). You would then need to submit alternative name choices.

Practical Insight: From our experience, providing 2-3 name options in order of preference on the reservation form can expedite the process. If your first choice is rejected, the MBR can immediately consider your next option without needing a completely new submission.

What if My Preferred Name is Similar to an Existing One?

This is a common scenario. The MBR’s primary concern is preventing public confusion. If your proposed name is deemed too similar to an existing registered company, even with minor variations, it will likely be rejected.

• Adding Generic Words: As noted, adding “Malta,” “Holdings,” “Services,” “International,” or changing “Ltd” to “Limited” is rarely sufficient if the core distinctive elements are identical.
• Letters of Consent (Limited Applicability): In very specific and rare circumstances, if your proposed name is similar to that of an existing company within the same group of companies, a letter of consent from the existing company might be considered by the MBR. However, this is not a guaranteed route and is subject to the Registrar’s discretion. It’s generally not applicable for unrelated entities.

The safest approach is to aim for a name that is clearly distinct. This is where having a corporate service provider who understands MBR nuances can be beneficial in pre-screening your ideas.

The Role of Your Corporate Service Provider

Navigating company name selection and reservation is an integral part of the service offered by firms like Contact Advisory Services Ltd. Here’s how we assist:

• Preliminary Advice: We can discuss your initial name ideas and provide an informed opinion on their likely acceptability based on our experience with MBR guidelines.
• Availability Checks: We can perform more thorough checks on the MBR portal and advise on potential conflicts.
• Managing the Reservation Process: We handle the preparation and submission of the official name reservation application (Form RCN1) on your behalf, liaising with the MBR.
• Troubleshooting: If a name is rejected, we advise on alternatives and manage resubmissions.
• Integration with Incorporation: Once a name is successfully reserved, we seamlessly integrate this into the overall Malta company incorporation documentation (Memorandum of Association, etc.).

Our goal is to make this initial step as smooth and efficient as possible, ensuring your chosen name is secured and compliant, allowing you to focus on the broader aspects of your business launch.

Ready to discuss your company name and begin the Malta incorporation process? Explore our comprehensive services

Beyond Registration: Trademarks and Business Names

It’s important to understand the distinction:

• Company Name Registration (MBR): Secures the legal name of your corporate entity in Malta. It primarily prevents another company from registering an identical or overly similar name.
• Trademark Registration: Provides broader legal protection for your brand name, logo, or slogan, preventing others from using it in relation to specific goods or services. This is a separate process handled by the Commerce Department (Intellectual Property Office) in Malta and potentially at an EU level (EUIPO).
• Business Name (Trading Name): A company can also register a “business name” or “trading name” if it wishes to operate under a name different from its registered company name. This also requires registration with the MBR.

Securing your company name with the MBR is the first step. For robust brand protection, especially if you plan significant marketing or operate across borders, consider trademark registration as a subsequent, important action.

Conclusion: Laying the Groundwork with a Compliant Name

Choosing and reserving your Malta company name is more than an administrative checkbox; it’s about establishing your business’s legal identity and first point of public contact. By understanding the MBR’s rules regarding uniqueness, restricted terms, and appropriate suffixes, you can select a name that is not only distinctive and brand-aligned but also fully compliant, paving the way for a smoother Malta company setup.

The name reservation process provides crucial peace of mind, securing your chosen identity while you finalize your incorporation. Engaging with experienced corporate service providers like Contact Advisory Services Ltd. can simplify this often-nuanced preliminary step, leveraging our knowledge of MBR practices to guide your choices and manage the formalities efficiently.

With a compliant and reserved name in hand, you are well-positioned to proceed confidently with the exciting journey of establishing and growing your business in Malta.

Have questions about Malta company name restrictions or ready to reserve your name? Our team at Contact Advisory Services Ltd. is here to assist.

Get in touch for expert guidance:
Email: info@contact.com.mt