Until 30 October 2014, company legislation in Gibraltar was based on the 1930 Companies Act (that was principally based on the 1929 Companies Act of England and Wales). On 1 November 2014, the Companies Act 2014 came into force and the 1930 Companies Act was repealed.
There are four types of companies that can be incorporated in Gibraltar:
A private company limited by shares needs to have only one subscriber, whereas a public company limited by shares must have at least seven. The distinction between public and private companies is much the same as in England, the latter being companies that by their memorandum or articles:
All companies must file accounts at the Companies Registry. In general, the extent of documents that need to be filed is determined by the size of the company. A company classified as “small” is only required to file an abridged balance sheet. The exemption does not apply to FSC-licensed entities.
A company must register the name under which the trade is carried on at the Registry of Companies and Business Names . In general, a company must also be registered with the Employment Service , the Department of Social Services and the Income Tax Office (ITO). In addition, the company may need to be licensed by the Trade Licensing Authority