Labuan Company Formation – Some Important Facts Needs to Know

Offshore Companies Act 1990 give permission for the founding of offshore companies and the registration of foreign offshore businesses in Labuan. Moreover, a foreign company included under the laws of different country may also send request to get registered as being regularized in Labuan. An Offshore Company is only allowed to continue business in, from or throughout Labuan.

An Offshore Company may not pursue business of Banking or Insurance, Malaysian currency, administrative and statutory expenses, shipping or petroleum operations in Malaysia unless it is licensed under the Offshore Banking Act 1990. However, some changes have made now which allow Malaysians to own offshore companies, as well as to allow foreign-owned offshore companies to endow in Malaysia issue to certain conditions.

Name of the company: it is allowed to the Offshore Companies to have names in a foreign language, offered they follow up the Latin alphabet. Some of the words which include Bank, building society, fund management, insurance, assurance, reinsurance, investment fund, trust, university, municipal, trustees, Chamber of Commerce or their foreign language equal need approval. To indicate limited liability, any of the mentioned are allowed: Corporation, Incorporated, Limited or the germane abbreviations.

Message and Articles of Association: Offshore companies in Labuan are integrated by obedience to the Registry of Message and Articles of Association, approval to act as a director shape, Statutory Declaration of fulfillment and the imbursement of requisite fees. For 12 months, an annual fee of RM 2,600 is requiring to payable within 30 days after the anniversary date of company.

Shareholders: A least amount of one shareholder is necessary which may be an individual or a business body. The information of company helpful owners and investors are not part of the community records.

The share capital: There is no least authorized share capital obligation; however our normal companies comprise an approved share capital of US$10,000 normal share at a supposed value of US$1 per share which one share is necessary to be mattered. Share capital can be detained in any money other than Malaysian Ringgit. Listed shares of preference shares, par value, usable shares and shares with no selection rights are all allowed. Bearer shares are not allowed.

Taxation: Labuan offshore companies having offshore trading activities are matter to business profits tax, which will be remains at 3% on measurable net profits as per the reviewed accounts. One needs to submit a return as well as a statutory declaration. At the same time, the company needs to pay out a flat tax of RM20, 000. If you linked with non-trading activities, no tax need to payable for income earned via the activities. In most of the cases, one needs to provide a statutory declaration to be submitted.