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Overview
Labuan offshore company is a good base for starting Fund Management business. Licensed Labuan Fund Manager is authorized to provide management and administrative services (managing client’s discretionary accounts, acquire or dispose a portfolio of securities), advise on investments, deal in securities.
Timeframe: within 8 months
Minimum capital requirements – US $90,000
Overview
Labuan Fund Management License will allow you to provide management services which include investment advice and administrative services in respect of securities for the purpose of investment.
Labuan licensed entity enjoys the advantages of tax haven since a company is subject only to 3% of profit tax on net audit profits, and full exemption from other local taxes, assuming that a company does not carry our business activity on the territory of Labuan.
Labuan Financial Services Authority (LFSA) is local financial regulator which sets forth strict requirements in order to attract to Labuan only experienced, reliable and dedicated financial services providers. One of such requirements is to appoint a Compliance officer or provide these services or from the head quarter with a service level agreement that need to be approved by the Authority Supervision department.
Benefits
- ▪Low level of taxation
- ▪Beneficial owner’s details are not part of public record
- ▪Shareholder’s details are not part of public record
- ▪Director’s details are not part of public records
- ▪No mentioned need to maintain a full time employee in Labuan Office
Comprehensive Guide to Company Incorporation
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)
▪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.