JURISDICTIONS

Labuan

 

General Information

Location Situated on the northern edge of Brunei Bay facing the South China Sea, the Federal Territory of Labuan is part of Malaysia and comprises of Labuan Island and six other smaller islands.
Administration Administered by the Federal Government of Malaysia
Population About 78,000
Language

Main language is Bahasam Melayu
English, Tamil and various Chinese dialects are widely spoken

Legal System English Common Law
Currency Malaysian ringgit (approx. USD 1: MYR 3.7)
Exchange Control None
Economy Oil and gas industry Business and Financial services
Time Zone GMT +8
Principal Corporate Legislation Malaysia Offshore Companies Act 1990
Number of companies incorporated in 2008 About 570
Total number of companies on register Approximately 6,870

Introduction

Labuan was established as an international offshore financial centre in October 1990, but 2002 was the year in which the territory established itself irrevocably as a premier player that was recognised to become a world centre for Islamic banking and finance by the international financial community.

LOFSA, the Labuan Offshore Financial Services Authority, was established in 1996 as a single regulatory agency or a one-stop agency for the offshore centre that contributes greatly to the growth in the number of offshore companies over the last ten years. Companies can make use of Malaysia's more than 60 double tax treaties (DTAs), of which around 50 are in force, and the island has become the preferred conduit for FDI into a number of local countries including Korea and Malaysia itself.

Labuan claims it is virtually the only offshore supermarket in the vicinity of the rapidly expanding economies of Asia which offers comprehensive and integrated offshore financial services and products. Commentators say that Labuan IOFC will attract a substantial flow of funds from the region in the years ahead as the operating cost in Labuan is substantially cheaper than other financial centres in the region.

Current Features & Benefits

  • Labuan plays an effective role in the development of the economies of ASEAN countries
  • All offshore business transactions attract no stamp duty and capital gains are not subject to any form of tax
  • Not subject to Malaysian exchange controls
  • Malaysia enjoys tariff reductions in ASEAN Free Trade Area (AFTA) and more than 60 DTAs have been signed

 

General Information  

Stability of Jurisdiction

Good

Legal System

Common Law

Type of Company

Offshore

Company Information  
Bearer Share No

Standard Authorised Capital / Shares

US$10,000

Chinese Name Permitted

No

Official Bilingual M&A No
Local Requirements  

Minimum Number of Shareholders

1

Minimum Number of Directors

1

Company Secretary

Yes (a)

President & Treasurer Optional
Beneficial Owners No
Public Filings  

Shareholders

Yes

Directors

Yes

Company Secretary

N/A

   
Other  

Registered Agent / Resident Agent

Yes

Registered Office

Yes

Annual Return / Accounts Filing

Yes / Optional

Corporate Tax

3% or RM20,000

Change of Domicile Permitted

Yes

Shelf Companies Available No

 

Notes:

(a)

Resident company secretary required