What are my legal obligations as a company secretary in Malta?
- 23.07.2026
A fellow director of our company in Malta formally resigned in writing over a month ago, but when I checked the public register recently, his name is still listed as an active director. Does this create any legal risk, and whose responsibility is it to fix this?
Under the Companies Act, Chapter 386 of the Laws of Malta, a director's resignation takes legal effect between the director and the company once properly communicated and accepted according to the company's articles, but the company itself is responsible for notifying the Malta Business Registry (MBR) of the change so the public record is updated, typically through the appropriate change of officers form filed within the statutorily required timeframe. If this filing has not been made, the company, and potentially the remaining directors who are responsible for compliance, may be at risk of a late filing penalty, and there is a practical risk that the resigned director could still appear, to third parties relying on the public register, as someone with authority to act on the company's behalf. You should arrange for the appropriate resignation filing to be submitted to the MBR as soon as possible to correct the public record. It is also good practice to have the former director confirm receipt of formal acknowledgment of their resignation in writing, protecting both sides regarding the exact date the resignation took effect.
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