The MDIA issues a consultation paper on guidelines applicable to resident agents.

The Malta Digital Innovation Authority ("MDIA") has issued the last consultation document on Chapter 4 of its Guidance Notes which is addressed toward resident agents.

A resident agent refers to the resident agent defined in the Innovative Technology Arrangements and Services Act[1] ("ITAS"):ITAS provides that a person who makes an application to the MDIA for any form of recognition and who is not ordinarily resident in Malta is required to appoint a resident agent who is:

A) Habitually resident in Malta;

B) Not interdicted or incapacitated or is an undischarged bankrupt;

C) Has not been convicted of any of the crimes affecting public trust or of theft or money laundering or of knowingly receiving property obtained by theft or fraud; and

D) Has provided satisfaction to the MDIA that he is a person capable of carrying out functions stated within the ITAS.

The term 'ordinarily resident' is being interpreted in accordance with the Income Tax Act [2].

The latest guidelines are aimed at providing guidance to prospective applicants on:

1. Scope of applicability of the resident agent;
2. Eligibility criteria;
3. Information to be submitted to the MDIA;
4. The role of the resident agent;
5. Powers of the resident agent;
6. Liability of the resident agent; and
7. Resignation and removal of the resident agent

The MDIA consultation period in relation to Chapter 4 is open to the public until 24 October 2018.

[1] Chapter 592 of the Laws of Malta

[2] Chapter 123 of the Laws of Malta