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Facts to Consider When Setting Up Labuan Offshore Companies

Update Date:2015-10-7 8:09:58 Source:Tannet (Malaysia) Sdn Bhd Views:622

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In order to prevent Labuan IOFC from being used to circumvent Malaysian laws by locals, offshore companies are prohibited from having or maintaining commercial relations with Malaysian companies located outside of Labuan. Offshore companies are free of all restrictions in financial transactions by virtue of their exclusively non-resident status, as defined by the 1953 Exchange Control Act.

One partner or shareholder is sufficient to form an offshore company. The Register of Companies (ROC) places great importance on a company’s funds being adequate to meet its business objective(s), so obvious imbalances will lead to delays or even a refusal of registration.

It is permissible for an offshore company to issue shares of different types and with different rights. They must, however, always be registered shares whilst bearer shares cannot be issued. The shares must be denominated in a foreign currency or even be issued in multiple currencies, although this can lead to complications at shareholders meetings when determining voting rights.

The company must also appoint a Company Secretary who must ensure that the provisions of company law are adhered to, and to conduct correspondence with the authorities. Company Secretaries must be appointed by a trust company licensed in Labuan. Shareholders meetings can be held in any country, even by teleconference, if necessary.


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