Labuan

The premier International Business and Financial Centre (IBFC) of Malaysia, lying off the coast of Borneo.

overview

Labuan

Globally recognized legal framework enforced by the regulator, the Labuan Financial Services Authority (FSA).

Your Labuan Investment Bank can be 100% foreign-owned.

A liberal business environment offering a wide range of financial products and services.

A simple and attractive taxation system.

Access to more than 70 Double Tax Agreements with Malaysia.

There is no Withholding Tax on Dividend, Interest, Management, Technical and Royalty Free.

Maximum client confidentiality and anonymity.

Compliant to all international protocols on exchange of information.

Business transactions are conducted in accordance with the international standards and best practices.

Strategic location to capture the Asia Pacific businesses.

Conditions for the International Bank License:
  • A Labuan Investment Bank may be set up as a branch or subsidiary of the parent company, and incorporated under the Labuan Companies Act 1990.
  • Investment Banks in Labuan are not allowed to accept deposits.
  • The following parties may submit an application to establish an Investment Bank in Labuan:

    1. An investment bank or group engaging in investment banking activities licensed by the regulator in their native country;
    2. Any licensed bank or established financial institution supervised by a competent regulator;
    3. Any institutions licensed under the Financial Services Act 2013 Malaysia with prior approval from Bank Negara Malaysia (the Central Bank of Malaysia); and
    4. Corporations with the necessary industrial expertise and experience, and with at least three years of good track record and regulated by the authority in their native country

  • Time frame: From 6-12 Months
  • Minimum Paid-Up Capital: MYR 10 million or equivalent in foreign currencies
  • License: International Bank License
Application Process:

To set up your Branch / Subsidiary in Labuan, please furnish the Labuan FSA the following documents:

  • A Letter of Awareness from a competent regulatory authority that supervises the applicant’s shareholder / head office;

 

  • A Letter of Guarantee from the applicant’s shareholder or an undertaking from the head office;

 

  • Business plans inclusive of three years’ financial projections;

 

  • Certified True Copy of the Memorandum of Association and Articles of Association of the applicant;

 

  • Certified True Copy of the Resolutions of the Board or Minutes of the General Meeting, which approved the applicant to apply for a licence;

 

  • Copy of the Audited Annual Accounts of the applicant’s shareholder / head office for the three preceding years;

 

  • Declaration by the applicant on the probity of its Directors and Officers who are responsible for the management of the applicant;

 

  • Applicant’s corporate profile, which includes: 
    • The name, place and date of establishment of the applicant;
    • The names, addresses, qualifications and experience of the Directors and Officers responsible for the overall management of the applicant;
    • The name and address of each member who holds 10% or more of the voting shares of the applicant;

 

  • Any other information relevant to the application.



Conditions for the License:

  • Maintain a physical presence in Labuan
  • Every Director or Principal Officer (PO) of a Labuan Investment Bank must be Fit and Proper Persons and shall not be subject to any adverse report from any reliable sources. 
  • The appointment of a Director or PO of a Labuan investment bank must obtain prior approval from Labuan FSA.
  • Comply with the statutory requirements under the Labuan Financial Services and Securities Act 2010.
  • Comply with the prudential and reporting requirements as requested by Labuan FSA.
  • Adhere to any other requirements issued by Labuan FSA from time to time.
  • Meet certain pre-determined criteria, should it prefer to co-locate to any other parts of Malaysia.

 

For each Director, Shareholder, Beneficial Owner and Secretary:

  • Notarised / Certified True Copy of Passport
  • Detailed CV dated and signed
  • Notarised / Certified True Copy of second ID (for example National ID Card)
  • Notarised Criminal Record from the native country of the applicant (for Shareholders and Directors)  
  • Notarised / Certified True Copy of Proof of Address
  • 2 Character Reference Letters issued by professionals
  • 2 Bank Reference Letters
  • Notarised / Certified True Copy of Bank Statement
  • Notarized copies of university Diplomas in English, Certified transcripts
  • 3 months Bank Statement with sufficient funds to cover the capital requirements and business operation for the first year

 

To facilitate your application for the license, please pass all the necessary documents to Offshore Tech & Intermediary Services.

Company Structure:

  • Minimum 2 Directors (with banking background and meet the “Fit and Proper Persons” criteria)
  • Principal Officer (can be one of the Director)
  • 1 Compliance Officer (independent from the Board of Director)
  • Minimum 3 local employees


Taxation:

  • Corporate Tax rate at just 3%
  • No Withholding Tax on Dividends, Interest, Management Fee, Royalty and Technical Fees
  • No Import Duty, Sales Tax and Service Tax for international dealings


Accounting and Auditing:

  • Submission of Accounts to Labuan FSA within 6 months after the close of every financial year
  • The Accounts must be audited by a locally-approved Auditor
  • Must meet a minimum operating expenditure of MYR 180,000 per annum in Labuan


Others:

  • Registered Agent – Required
  • Registered Office – Required
  • Secretary – Required
  • Legal Framework: Labuan Financial Services and Securities Act 2010 
  • Regulatory Authority: Labuan Financial Services Authority (FSA)
  • Capital Requirement: MYR 10 million
  1. Proposal of the name for the Investment Bank.

  2. We will compile and review all of the documents.

  3. Documents are submitted to the Labuan Financial Services Authority (FSA).

  4. Liaise and follow up with the LSA to obtain the Conditional Approval.

  5. Incorporate a company in Labuan.

  6. Fulfillment of all requirements as required in the Conditional Approval.

  7. FSA will issue the license once they are satisfied with our submission.

  8. Issuance of banking license.
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