Maldives Business Registration
De-registration
and winding up of companies
The following are the key steps involved in de-registration
and winding up of companies in the Maldives.
1. Resolution by Shareholder’s and Directors
The process typically
starts with the Board of Directors passing a resolution to dissolve the
company. This must be documented and agreed upon by a shareholder’s resolution.
2. Notification to Authorities
- A
formal notice of intent to wind up the company must be submitted to the
Registrar of Companies by the Liquidator appointed under the Shareholder’s
Resolution. This notification usually includes:
- The
company’s intention to cease operations.
- The proposed date for winding up.
3. Appointing a Liquidator
- In
most cases (unless winding up is done through court process), a liquidator
is appointed to manage the winding-up process. The liquidator’s role
includes:
- Realizing
the company’s assets (if any).
- Settling
any debts or liabilities.
- Distributing any remaining assets to
shareholders.
4. Public Notification
The liquidator must
publish a public notice of wind up in
local media. This is to inform creditors and other stakeholders that the
company is being dissolved and to give them the opportunity to file any claims
5. Settling Liabilities
The company must
settle all outstanding debts, taxes, and liabilities. This includes paying off
creditors and ensuring that any tax obligations with the Maldives Inland
Revenue Authority (MIRA) are fulfilled.
6. Final Returns and Accounts
A final set of
accounts and financial statements must be prepared, showing the company’s
financial position at the time of winding up.
7. Distribution of Assets
Any remaining assets
after settling liabilities are distributed among shareholders according to
their shareholding percentage or as specified in the company’s articles of
association.
8. Final Report by Liquidator
The liquidator
prepares a final report detailing the winding-up process, including how assets
were realized, debts settled, and any distributions made to shareholders. This
report is submitted to the Registrar of Companies.
9. Deregistration Application
- After
settling all obligations, the company or its liquidator can apply to the
Registrar of Companies for deregistration. This application must include:
- A
formal request for deregistration.
- Proof
that the public notice period has elapsed.
- Evidence that all liabilities have been settled
and all legal requirements fulfilled.
10. Final Deregistration Certificate
Once the Registrar is
satisfied that all legal requirements have been met, it will issue a
certificate of deregistration, officially closing the company. This marks the
end of the company’s legal existence in the Maldives.
Types of Winding Up:
- Voluntary
Winding Up: Initiated by the shareholders and directors.
- Compulsory Winding Up: Initiated by a court order, usually when the
company is insolvent or has violated regulatory requirements.
Tax and Regulatory Considerations:
- Ensure
all tax filings are up to date with the Maldives Inland Revenue
Authority (MIRA).
- Close
any existing bank accounts and cancel business licenses and permits.
- Settle
all outstanding obligations to employees, including termination benefits
if applicable