Family Business: Transfer of Ownership
Application form

Insert Company name here having Company registration number Company number is applying for a deduction in duty as provided for in the Family Business Act (Chapter 565 of the Laws of Malta) in terms of version 1 of the Incentive Guidelines for the Family Business: Transfer of Ownership Scheme published by Malta Enterprise Corporation on 1st January 2017.

  1. Assistance requested for the transfer of property with an attached value of € .

The undertaking is requesting that the duty on the first five hundred thousand Euro (€500,000) of the value of the property transferred is charged at the rate of three euro and fifty cents (€3.50) per one hundred Euro (€100) for a total assistance of € . (The maximum amount claimedmay not exceed the lower value of the property multiplied by 1.5% or €7,500)

  1. Assistance requested for the transfer of shares in a partnership, trust, or foundation for the value of € .

The undertaking is requesting that no account is taken of the first one hundred and fifty thousand Euro (€150,000). Thus the total amount of assistance requested is € .(The maximum amount claimedmay not exceed the lower value of, the share transferred multiplied by 5% or €7,500)

Declarations by the undertaking

The undersigned confirms that the economic activity of the undertaking is not one which is excluded under de minimis Regulation.

The undersigned agrees that the allocation for funding shall take into consideration the total value of de minimis aid granted to a single undertaking and may not exceed the amount of 200,000 EUR over any period of three (3) consecutive fiscal years.

The undersigned also confirms that a State Aid Declaration (de minimis[1]) form is also provided together with this application form unless already submitted to the Regulator for Family Businesses.

Details of the undertaking and the legal representative filling in this form:

Name and Surname of legal representative:

Designation:

Registered Address of undertaking:

VAT Number:

Family Business Certificate Number:

Telephone / mobile number: Email:

Signature: Date:

Notes to applicant:
Personal Data Protection
Personal information provided in this form will be processed in accordance with the Data Protection Act, Cap 440 of the Laws of Malta and shall be treated in the strictest confidence.
Information provided in this form will be processed by the Regulator for Family Businesses and Malta Enterprise Corporation to assess the applicant’s eligibility, for the approval or otherwise of assistance under this scheme, for monitoring implementation of aid granted.
The undersigned consents the Regulator for Family Businesses and Malta Enterprise Corporation to share information provided in this application with the Commissioner for Revenue, Government Entities, EU agencies and the European Commission where this is strictly necessary for the proper administration of this incentive or where legally required.
The undersigned hereby authorises the Regulator to process the data contained in this form for the purpose stated above and declare that the information on this form and any other supporting documents given with this application is correct to the best of the undersigned’s knowledge. The undersigned confirms that the adequate clearances have been obtained in relation to any personal information included in this application.
Cumulation of Aid
The undersigned declares that aid approved under this incentive is in line with the terms and conditions set out in the Incentive Guidelines and in line with Article 5 of the Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid.
Double Funding
The undersigned confirms that there has not been any approval or has not been granted any funding, financing or fiscal benefit in respect to the cost items on which aid is being requested and will not seek funding or fiscal benefits for these cost items through other National and/or European union measures. Such measures may be administered by Malta Enterprise.
Outstanding Recovery Order
The undersigned confirms that the applicant is not subject to an outstanding recovery order following a previous Commission decision declaring an aid illegal and incompatible with the internal market.
Single Undertaking Details
Does the applicant undertaking have at least one (1) of the following relationships with another undertaking?
Yes / No
a. / One undertaking has a majority of the shareholders’ or members’ voting rights in another undertaking / /
b. / One undertaking has the right to appoint or remove a majority of the members of the administrative, management or supervisory body of another undertaking / /
c. / One undertaking has the right to exercise a dominant influence over another undertaking pursuant to a contract entered into with that undertaking or to a provision in its memorandum or articles of association / /
d. / One undertaking, which is a shareholder in or member of another undertaking, controls alone, pursuant to an agreement with other shareholders in or members of that undertaking, a majority of shareholders’ or members’ voting rights in that undertaking / /
e. / Owns more than 50% shareholding in another undertaking / /

If the reply to any of the above is yes you should list any de minimis aid received by any of the entities that form part of the single undertaking in your de minimis declaration. Failure to comply may result in the recovery of any aid granted.

I confirm that I have read and understood the terms and conditions of this incentive and authorise the Regulator for Family Business to share information and documentation relevant to this application with Malta Enterprise Corporation so that the application may be processed accordingly.
Sign and date here

Application form v. 1.0 published 05/02/2018

[1] As per Commission Regulation EU No 1407/2013 of 18 December 2013