Legal Notice 110 of 2026: Streamlined Filing of ESEF Annual Financial Reports

The Malta Business Registry announced that, with effect from the 29th of April 2026, Articles 21, 23, 24 and 25(a) of the Companies (Amendment) Act, 2025 (the “Act”) have entered into force by virtue of Legal Notice No. 110 of 2026. These provisions introduce targeted amendments to the financial reporting and filing framework under the Companies Act, with particular relevance to companies subject to European Single Electronic Format (“ESEF”) reporting requirements.

Article 21 of the Act amends Article 176 of the Companies Act (the “Principal Act”), which deals with the approval and signing of annual accounts. It provides that where a company is required to prepare its annual financial report in ESEF, the relevant documentation is to be submitted to the competent authority, namely the Malta Financial Services Authority (the “MFSA”). Following submission, the same financial information is to be transmitted electronically to the Registrar. This mechanism eliminates the need for a separate and duplicative filing with the Malta Business Registry.

These amendments are intended to streamline reporting obligations while ensuring that the Registrar continues to receive all relevant information through secure and regulated channels.

Similarly, Articles 23 and 24, which amend Article 178 of the Principal Act (dealing with the approval and signing of the directors’ report) and Article 179 of the Principal Act (dealing with the auditors’ report) respectively, clarify that where copies of the directors’ report and the auditors’ report are submitted to the competent authority as part of a company’s reporting obligations under the ESEF framework, such copies are to be transmitted to the Registrar by means of an application programming interface or other comparable electronic means.

Article 25(a), which amends Article 183 of the Principal Act relating to copies of accounts to be provided to the Registrar, further provides that where copies of the annual accounts, the auditors’ report and the directors’ report are submitted to the MFSA in accordance with the ESEF reporting standard, those documents are likewise to be transmitted to the Registrar through an application programming interface or similar secure electronic mechanism.

A comparison of the previous and revised frameworks indicates that, prior to the entry into force of these provisions, companies subject to ESEF reporting were required to submit their annual financial reports directly to the Malta Business Registry through the BAROS portal.

Under the revised regime, companies which fall within the scope of ESEF reporting are now required to prepare and file the annual accounts, directors’ report and auditors’ report with the MFSA. The financial report is then transmitted directly to the Registrar through secure electronic channels, without the need for the company to submit a separate filing via BAROS.

These revisions shall apply mandatorily to financial reporting periods commencing on or after the 28th of April, 2026.