Aviation industry

Opportunity for cell companies in Malta

Aviation industry – opportunity for cell companies in Malta
  • October 09, 2024

Aviation cell companies in Malta operate within the country’s Protected Cell Company (PCC) structure, which offers a unique legal framework allowing the segregation of assets and liabilities between distinct cells within a single company (for company law purposes). This structure is particularly advantageous in sectors such as aviation, where financing, leasing, and ownership of aircraft involve complex legal and financial arrangements. The flexibility offered by PCCs has made Malta an attractive jurisdiction for aviation-related businesses, especially for those seeking to minimize risk and maximize operational efficiency.

The Protected Cell Company Structure

In a PCC, each cell within the company operates independently, meaning that the assets and liabilities of one cell are legally ring-fenced from the others. This structure allows an aviation business to operate multiple cells for different purposes or projects, such as leasing aircraft, managing individual aircraft portfolios, or financing specific aviation transactions. For example, one cell might be dedicated to the ownership of an aircraft, while another is used for leasing arrangements or managing operating contracts. The separation ensures that financial or legal issues in one cell do not impact the others, making it a highly secure and flexible structure.

Advantages of the Protected Cell Company Structure

The primary advantage of using aviation cell companies in Malta is the protection and segregation of assets, which is critical for reducing risk in large-scale transactions. This risk mitigation is particularly valuable in the aviation sector, where significant capital is tied up in aircraft and leasing arrangements. Furthermore, this structure simplifies compliance and regulatory requirements, as each cell can be managed individually while benefiting from the overarching corporate framework of the PCC.

Additionally, Malta’s aviation sector benefits from the country’s EU membership and access to the European market. Malta’s regulatory environment is designed to support aviation businesses, with the Malta Civil Aviation Directorate providing oversight and ensuring compliance with EU regulations. 

The country’s competitive tax regime further enhances its appeal to international aviation businesses.  Specifically for PCC structures, a cell is treated as a separate taxpayer for Maltese tax purposes and this in itself could provide certain opportunities.

Why Malta?

Malta’s strategic location between Europe and Africa and its strong regulatory framework make it a highly attractive jurisdiction for aviation companies. With a robust legal system based on English common law, Malta offers stability and transparency for international businesses. As the global aviation industry continues to evolve, Malta is well-positioned to remain a key player in the sector, with its aviation cell companies offering innovative solutions for managing aviation assets, financing, and operations efficiently and securely.

How can we help?

If you have any queries or would like to know more about how PwC can support your aviation business, please contact our aviation team.

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