Licensing Criteria and Procedures for Applying for Labuan Fund Management License
General information
Company structure and staff:
- Min. 1 shareholder (can be legal entities or natural persons, no nationality restrictions)
- Min. 2 directors (can be only natural persons)
- Min. 3 local employees
Taxation
- Profit Tax – 3% of net audited profits annually
- Other taxes – 0% (capital gains, withholding tax, stamp duty on offshore instruments)
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Minimum amount of annual operating expenditure in Labuan (RM) 120 000
Accounting requirements
- The Company will be required to fil audited financial statements and tax return within 3 months from its balance sheet date.
- The authorities may do half-yearly audit of the Company.
- Accounting records should be kept at the local offices of the administrator.
Registered Agent - Required
Secretary - Required
Professional indemnity insurance policy
- coverage of not less than RM1 million or its equivalent in any foreign currency (USD 250,000) throughout its operations
Company name
- Language: Any
- Letters: From Latin alphabet
- Must be unique, not similar with any other Labuan corporation
- Must include one of the following words at the end of the company name: Incorporated, Corporation, Sociètè Anonyme or its respective abbreviation: Inc., Corp. or S.A. If the Malaysian word “Berhad” is used, then “L” to denote that the company is incorporated in Labuan must precede it.
- Corporate names cannot include the following words without additional government permits or licenses: Bank, Building Society, Insurance, Assurance, Reinsurance, Chamber of Commerce, University, Municipal or their foreign language equivalents.
In order to obtain Labuan Fund Management License, the following steps will be carried out
- Preparation of all relevant documents and application
- Application for Approval to Labuan FSA
- Application for reservation of company name
- Preparation and submission of the application and documents to the Registry
- Incorporation of the company
- Opening of the local bank account
- Application for the license
In order to obtain Fund Management License, please provide the following documents:
- A certified copy of a valid passport (of each Director and Shareholder of the company)
- Recent copy of proof of address in English (ex. utility bill of each Director and Shareholder)
- Bank reference Letter (of each Director and Shareholder)
- CV (of each Director and Shareholder)
- Certified true likeness passport photos of the shareholders and directors
- Certified true copies of the police reports (of each Director and Shareholder of the company)
In the case if the shareholder is a company, needs to provide:
- Certified true copy certificate of registration
- List of shareholders
- Copy of the last annual/financial return*
All documentation shall be provided in English language or translated to English by a professional and certified by Notary Public.
* Additional documents may be requested by the LFSA or local Bank at any point to certify specific information.
* If documents are not in English, then they must be accompanied by a notarized translation.