How do I set up a company in Gibraltar?
Short answer
You set up a Gibraltar company by having the name approved, then filing an application to register, a Memorandum of Association and Articles of Association at Companies House Gibraltar with the £100 registration fee and £10 stamp duty. Incorporation normally takes about three working days.
Detailed answer
Companies are incorporated under the Companies Act 2014 and registered at Companies House Gibraltar, which incorporates companies and keeps the public register. 1. Choose the type of company The Act allows a company limited by shares, a company limited by guarantee with or without share capital, and an unlimited company. 2. Check the name The first step is to confirm the proposed name is acceptable to the Registrar. A name can be reserved for 90 days for £26. Words such as British, Gibraltar, International, Group or Holdings need approval or supporting evidence, and legal words such as Law or Barrister need clearance from the Legal Services Regulatory Authority. 3. File the incorporation documents The documents are the application to register the company, the Memorandum of Association and the Articles of Association, delivered with the first notice of the registered office. 4. Appoint directors and a secretary A private company needs at least one director and a public company at least two. Every company must also have a secretary, and a sole director cannot also be the secretary. Particulars of the first directors and secretary must be filed within 14 days of appointment. 5. Have a registered office in Gibraltar Every company must have a registered office address in Gibraltar. Providing registered office services to the public is a regulated activity, so only a licensed person may offer it. Fees and timescale Companies House charges £100 for incorporation plus £10 stamp duty on share capital. Incorporation normally takes about three working days. Same-day incorporation costs an extra £200 if correct documents are lodged before midday, and incorporation within two hours costs £500. A Certificate of Incorporation is issued once the company is registered. After incorporation The company is registered automatically with the Income Tax Office for corporate tax. Annual returns and accounts must be filed each year; the annual return fee is £103 if filed on time. Using a licensed provider Only licensed persons may provide company registration and management services by way of business. The Government's guidance says a licensed provider should be used, although this is not a strict requirement, and estimates the cost of setting up a company this way at well over £400.