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Malta Partnership Structures

Partnership En Commandite 

Partnership En Nom Collectif

EEIG

 

Partnership En Commandite

The partnership en commandite is a type of limited partnership which can have its capital divided into shares (where such partnership has its capital divided into shares it is treated as a company for income tax purposes). The partnership has its obligations guaranteed by the unlimited, joint and several liability of the general partners. The limited partner would have his liability limited to the amount, if any, unpaid on his contribution. In case of partnerships en commandite, the administration and representation would be vested in the general partners
and unless the deed of partnership provides otherwise, such administration and representation is vested in each of the general partners severally.

Partnership En Nom Collectif

A partnership en nom collectif (this is a type of commercial partnership which has its obligations guaranteed by the unlimited, joint and several liability of all partners) the administration and representation of the partnership is vested in each of the partners severally, unless otherwise provided in the deed of partnership.

EEIG (European Economic 

EEIGs are designed to help businesses establish and maintain links with firms in other Member States. For businesses, and smaller firms in particular, other development options – mergers, take-overs, joint ventures – may be too expensive and complicated. The EEIG provides an alternative way to establish links in other Member States without losing individual identity and independence.

The EEIG is a form of association between companies or other legal bodies, firms or individuals from different EU countries who need to operate together across national frontiers. It carries out particular tasks for its member-owners and is quite separate from its owners’ businesses. Its aim is to facilitate or develop the economic activities of its members. An EEIG may be set up in any one of the Member States, and operate in any part of the EU. It can also enter into arrangements with organisations outside the EU, although these organisations cannot themselves become members of an EEIG.

What can an EEIG do?
An EEIG’s activities must relate to the economic activity of its members but must be ancillary to them. The concept of ‘economic activity’ can be interpreted very widely.

What can an EEIG not do?

An EEIG cannot:
• be formed with the object of making a profit, although it may do so as a consequence of its normal operations
• exercise management control over its members own activities or those of any other undertaking
• hold shares in any of its members
• take investment from the public
• be a member of another EEIG
• employ more than 500 people
• be used to make loans to a company director or any person connected with him or her where that would be restricted or controlled by national law
• be used for the transfer of any property between a company and a director, or any person connected with him or her, except to the extent allowed by national law