Gibraltar Company Formation
Benefits of registering a company in Gibraltar
Access to the EU
Stable legal and regulatory framework
Ease of business formation
It is not necessary to come to open a bank account.
Types of company registration in Gibraltar
Private Limited Company (LLC)
Public Limited Company (PLC)
Limited Liability Partnership (LLP)
Branch of a foreign business
Requirements for setting up a company in Gibraltar
Purpose of registering firm
Type of legal entity
Name of future enterprise
Decide on the legal address
Appoint a director
Decide on the shareholders
Appoint a secretary
Prepare a Memorandum and Articles of Association
Establish the share capital
Legal entity registration
Availability of licenses and permits
Opening a bank account
Strict record keeping
Compliance with the Laws
Documents to be presented for Gibraltar company registration
- Choose a unique business name and type;
- Indicate the legal address of the registered office , where official documents and notices will be delivered. This address must be in the territory of the British colony.
- Provide detailed information about shareholders and directors: full names, addresses of residence and nationality (provide certified copies of passports of directors, shareholders and the proof of address for directors, shareholders: an original or certified copy of a utility bill, bank statement, credit card statement, copy of driver’s license, or ID no older than 3 months). Remember that the minimum requirement is one director and one shareholder. These can be individuals or legal entities.
- Appoint an enterprise secretary (individual or legal entity). Full names, residential addresses and nationality must be provided.
- Decide on the structure of the share capital. Provide details of the classes of shares and the rights attached to each class, if applicable.
- Create a Memorandum and Articles of Association that set out the firm’s constitution and internal governance rules.
- Prepare a Declaration of Conformity confirming that all legal requirements for business formation have been met.
- Pay the required registration fees, which may vary depending on the type of business.
Services offered by FHC
Opening an account
Preparation and execution of policies, and rules
Trademark and Intellectual Property
The process of Gibraltar Company Formation
1. Determine the purpose of creating a business
2. Select the type of legal entity that will be registered
3. Special company name
4. Appoint a registered agent
5. Authorized capital and shareholders
6. Write a legal document during a company's formation and registration process
7. Company registration
8. Permits/licenses (if necessary)
9. Registration payments and annual fees
10. Bank account
11. Business taxation
12. Financial reporting and filing of declarations
- Directly registering business costs 33 euros.
- Memorandum and articles of association: The cost depends on the service provider.
- Payment for secretary. The cost of enterprise secretary services cost depends on the service provider.
- Companies registered in the territory of a British colony must have a registered office. Office fees also vary.
- Nominee director/shareholder: Depending on the business registration services, the cost of a nominee director will be from £2,300.
- We shouldn’t forget that accountants, compliance with tax requirements also require the help of third-party specialists. And, of course, extra pay.
Under the Fair Trading Act 2015 (FTA) any person wishing to carry on business in a British colony by trading in goods or providing a service, must hold a valid business license issued by the Business Licensing Authority (BLA) (excluding situations when the relevant business is already licensed by separate local legislation).
Trade includes, but is not limited to, the buying or selling whether by wholesale or retail, of any goods by way of a business and also means the importing of any goods into a British colony in commercial quantities.
Services, to include, but not limited to:
- construction services road transport contracting and crafts;
- business-related services to include office maintenance, management – consultancy, event organisation, debt recovery, advertising and recruitment services;
- tourism services to include travel agents;
- leisure services to include sports and amusement centres;
- installation and maintenance of equipment;
- online services provided from British overseas enclave;
- information society services to include publishing – print and web, news agencies, computer programming;
- Accommodation and food services to include hotels, restaurants and caterers;
- training and education services;
- rentals and leasing services to include car rental;
- real estate services;
- beauty therapists and hairdressers;
- car repair workshops;
- builders/carpenters/plumbers/electricians and decorators; and – self-employed persons who provide services.
Legal entities registered in British overseas enclave must comply with the following requirements:
- Filing of Annual Return: Enterprises incorporated in British colony are required to file an annual return with Companies House. This report includes information about the directors of the firm, shareholders, the address of the registered office and the financial condition of the business .
- Filing of financial statements: Firms must prepare and file annual financial statements. The format and accounting standards of these statements must comply with the laws of the overseas enclave and International Accounting Standards.
- Tax Compliance: There is a territorial tax system, which means that companies are taxed only on income generated in the territory of the British colony.
- Passing an audit: Some enterprises may need to have their financial statements audited by a qualified auditor. Audit requirements may vary depending on the size and type of business.
- Compliance with labour laws: If a firm employs personnel in the British colony , it must comply with labour laws and regulations, including employment contracts, minimum wages, and health and safety requirements.
- Strict AML/CFT Compliance: The territory of the British colony has strict anti-money laundering (AML) and anti-terrorist financing (CFT) regulations. Enterprises, especially in the financial sector, must comply with these rules and have a sound AML/CFT policy.
- Holding a meeting of companies: Firms are required to hold annual general meetings (AGMs) and keep minutes of these meetings. In addition, important corporate decisions and resolutions must be documented and filed with Companies House.
- Maintaining a register of shareholders: it is necessary to keep accurate and up-to-date records of shareholders and their blocks of shares.
- Statutory Books and Records: Enterprises are required to maintain various statutory books and records, including registers of directors, registers of accusations, and registers of members.
- Protection of personal data. Compliance with data protection laws such as the EU General Data Protection Regulation (GDPR) is essential if a business processes personal data.
- Payment of Annual License Fees: Legal entities registered in this overseas enclave generally pay an annual fee to the GFSC or other relevant authorities.