A partnership en commandite (or limited partnership) operates under a partnership name and has its obligations guaranteed by the unlimited and joint and several liability of one or more partners, called general partners, and by the liability, limited to the amount, if any, unpaid on the contribution, of one or more partners, called limited partners.

At least one of the general partners shall be either an individual or a body corporate which has its obligations guaranteed by the unlimited and joint and several liability of one or more of its members.

The administration and representation of the partnership en commandite is vested in the general partner(s), and unless the deed of partnership otherwise provides, such administration and representation shall vest in each of the general partners severally. A limited partner cannot take part in the management of a partnership en commandite.

The capital of a partnership en commandite may be divided into shares.

Every partnership en commandite registered in Malta must have a registered office in Malta.

Tax treatment

In terms of the Maltese Income Tax Act, a partnership en commandite with its capital divided into shares will be treated as a company for Maltese income tax purposes.