Public Notice – BO Regulations Amendments

Informative Note – Publication of Legislation

The Malta Business Registry (MBR) hereby informs the public that from 10^th July 2025 changes took place in the Companies Act (Register of Beneficial Owners) Regulations (the “Regulations”) by virtue of LN 127 of 2025.

The main aim of these changes took place to reflect the first transposition phase of the Sixth Anti-Money Laundering Directive, specifically Article 74 of Directive (EU) 2024/1640 of the European Parliament and of the Council of 31 May 2024 on the mechanisms to be put in place by Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing.

One may emphasise the importance of the changes taking place to regulation 7 of the Regulations, whereby a person who is able to demonstrate a legitimate interest in the prevention and combating of money laundering, its predicate offences or the financing of terrorism, shall be granted access to the beneficial ownership information recorded on the register with respect to the company as held by the Registrar. Such persons are required to submit a request in writing  accompanied by the respective identification details, any information and/or qualification requirements or credentials. This is to be further accompanied by a declaration of the legal basis supporting such request, confirming that the purpose of the enquiry relates to matters which shall contribute towards the prevention, detection or the associated predicate offences or financing of terrorism. The Registrar shall have the legal power to demand any such document as may be deemed necessary on a case-by-case basis. Guidelines may also be published for this purpose.

A decision by the Registrar on such a request shall be communicated in writing to the respective applicant in case that the request is refused. Any applicant who is aggrieved by such a decision may appeal from such a decision within twenty (20) days thereof, by filing a sworn application in Court.

Any person who thinks that s/he has legitimate interest to access the register of beneficial owners of companies and other commercial partnerships may submit a request by email to accesstobo@mbr.mt

Furthermore, the legislative changes include amendments to the statutory forms found in the Schedule thereto in order to enhance the reporting of beneficial owners to the Registrar. The new forms can be found online by accessing OFFICIAL REGISTRY FORMS – Malta Business Registry and all companies need to use these new amended forms with immediate effect. The older version of the forms would not be valid.

The respective users may refer to the published User Guidelines which serve to aide towards understanding the resulting legislative amendments from this Legal Notice.

Dr Geraldine Spiteri Lucas

Registrar & CEO