On 10 July 2025, important changes to the Companies Act (Register of Beneficial Owners) Regulations came into force through Legal Notice 127 of 2025. The amendments implement the first transposition phase of the Sixth Anti-Money Laundering Directive, specifically Article 74 of Directive (EU) 2024/1640 (AMLD6) of the European Parliament and of the Council of 31 May 2024.
These changes significantly affect regulation 7 of the Regulations, which now provides that:
“Any other natural or legal person, that can demonstrate a legitimate interest in the prevention and combating money laundering, its predicate offences, or the financing of terrorism, shall be granted access to information on the beneficial ownership of the company by the Registrar, without alerting the company concerned.”
Applicants must:
- Submit a written request
- Include identification details
- Provide any required information, qualifications, or credentials
- Include a declaration of the legal basis supporting the request, confirming that the purpose relates to the prevention or detection of money laundering, predicate offences, or terrorism financing
The Registrar retains discretion to request additional documentation as needed, and guidelines may be published to further clarify the process.
If access is refused, the Registrar must communicate this in writing. Applicants have a right of appeal and may challenge the decision in Court within twenty (20) days by filing a sworn application.
A Shift in Policy Direction
This legislative development is particularly significant in light of Malta’s previous restriction of access to its BO register following the 2022 ruling by the Court of Justice of the European Union (CJEU) in Joined Cases C-37/20 and C-601/20. That decision struck down key provisions of the Fifth Anti-Money Laundering Directive (EU) 2018/843, ruling that unrestricted public access to BO registers infringed on individuals’ rights to privacy and data protection under the EU Charter of Fundamental Rights.
As a result, Malta and other EU Member States rolled back public access. In Malta’s case, BO information became accessible only to national authorities and subject persons. This created practical barriers for investigative journalists, NGOs, and even compliance professionals conducting due diligence. The move was widely criticised as a step away from transparency and an obstacle to effective financial crime prevention.
The introduction of LN 127 of 2025 marks a decisive policy reversal. By reintroducing access on the basis of legitimate interest, Malta brings its framework in line with the updated standards of AMLD6. The revised approach restores a controlled form of transparency, providing a clear legal path for legitimate access requests while aligning with the CJEU’s guidance on proportionality and data protection.
Implementation and Compliance
In addition to the changes in access rights, the Regulations introduce revised statutory forms for reporting beneficial ownership, as detailed in the updated Schedule. All companies are now required to use the new forms with immediate effect.
The previous versions have been invalidated. These forms can be found online at the OFFICIAL REGISTRY FORMS – Malta Business Registry page. User Guidelines have also been published to help stakeholders understand and implement the new rules.
Anyone who believes they meet the legitimate interest criteria may submit a request by email to:
accesstobo@mbr.mt
