To establish an online gaming operation in Malta (i.e., when gaming transactions take place in Malta), a prospective licensee must set up a corporate vehicle for its operations. The regulations initially provided that a remote gaming/betting operation must be established through a limited-liability company registered for this purpose in Malta. However, by virtue of Legal Notice 270/2007, the regulations have been amended and any corporate body established in Malta under the Companies Act (i.e., a limited liability company or a commercial partnership) now qualifies to apply for a remote gaming license.
As of 1 January 2007, it is no longer possible to establish a company as an international trading company (ITC) – a vehicle most often used previously by non-Maltese shareholders. Any company established post-2006 is a regular Maltese company with restrictions of an ITC and, therefore, a remote gaming operation using such a company will no longer need to exclude Maltese players from its offering. Any previously registered ITC will have to have converted to a regular company no later than 2010. Notwithstanding the removal of ITCs, the effective corporate taxation in Malta remains competitive.