A person who wishes to undertake activities as a commercial (or commission) agent in Malta must obtain a licence to do so. In terms of the Commercial Code (Cap 13 of the Laws of Malta), any person wishing to act as a commercial agent must seek to obtain a licence by means of registration with the Council of the Chamber of Commerce (the “Council”) within 30 days from commencing the activity to act as a commercial agent together with a licence fee of €23.29.
The licence fee is payable annually during the month of January for as long as such person undertakes activities as a commercial agent. In the event that any commercial agent fails to pay the annual licence fee within 30 days from a notification from the Council informing him of his failure to abide by licensing requirements, the licence will cease to be in force. A notification that the licence has ceased to be in force will be published on the Government Gazette. Such commercial agent would, however, not be precluded from re-applying for the issuance of another licence.
In the event of any person representing himself or acting as a commercial agent without having obtained registration from the Council, such person shall, on a first conviction be liable to a fine (multa) not exceeding €2500 and on a second or subsequent conviction, to imprisonment for a term not exceeding three months or to a fine (multa) not exceeding €5000.
The Council is given a limited discretion to decide whether or not a licence should be issued, withdrawn or revoked. No licence may be given to any person who is in employment under the Government of Malta, or with any financial institution or becomes the holder of a warrant to practise a profession and practises such profession or becomes a stockbroker.
Furthermore the Council may withdraw or suspend the licence to act as a commercial agent, if the agent is:
(a) convicted of any crime against property;
(b) adjudged bankrupt;
(c) accepts employment under the Government of Malta, or with any financial institution or becomes the holder of a warrant to practise a profession and practises such profession or becomes a stockbroker;
(d) if it proved to the satisfaction of a court that the person is not fit to act as a commercial agent in Malta.
Any such withdrawal or suspension will be published in the Government Gazette.