Labuan factoring is defined as the business of acquiring debts to any person or institution at a discount or such other business as approved by Labuan FSA.
The submission should include, but is not restricted to, the following:
A letter of undertaking from the head office / parent company to undertake any liability arising from the operations of its branch or subsidiary in Labuan.
The controller, director or chief executive officer and the board of directors of the applicant company must be fit and proper persons. Prior written approval of the appointment must be obtained from Labuan FSA.
A business plan detailing the operations and strategies of the applicant.
Audited financial statements for the last two years, if applicable.
Any other information that is relevant to the application.
The applicant company:
has an option to either set up an office in Labuan or operate through its registered office. However all transactions must be done through Labuan and adequate and proper records and books of accounts must be maintained in Labuan
must maintain capital sufficient to manage the company's daily operations
must transact business only in foreign currency and not deal in Malaysian Ringgit except for the purpose of defraying administrative and statutory expenses
is prohibited from dealing with Malaysian residents other than those approved by Bank Negara Malaysia
must conduct its business with due diligence and sound principles and comply with the local laws and regulations where it services its clients
is to indicate clearly its name on its letterhead, stationery and other documents
must appoint an auditor
is to submit to Labuan FSA within three months after the close of each financial year, one copy of its audited annual balance sheet and profit and loss account
is to provide statistics and information as required by Labuan FSA in relation to prudential information, general business conduct and volume and direction of business in Labuan
must notify Labuan FSA of any change to its constituent documents, shareholdings, management or business plan; and
must comply with any other requirements issued by Labuan FSA from time to time.
All licensees are required to pay to Labuan FSA annual licence fees on or before 15 January of each year:
Type of Fees
Amount
Annual Fee
RM40,000
USD13,000
Governing Legislation
Labuan Financial Services and Securities Act 2010
Labuan Companies Act 1990
Labuan Business Activity Tax Act 1990
For a complete list of all Labuan laws, please click here.
Related Guidelines and Circulars
Guidelines on Carrying Out Factoring Business in Labuan