Labuan Banking

Labuan banking business is the business of receiving deposits on current account, deposit account, savings account or any other account as may be specified including the Labuan investment banking business, Labuan financial business, Labuan Islamic banking business, or such other business as Labuan FSA may specify, with the approval of the Minister of Finance, in any currency (including ringgit where permitted by the Exchange Control Act 1953 or such other relevant law in force).

Entry Requirements

An applicant should meet the following minimum eligibility criteria:

  1. Must be a bank or financial institution;
  2. Possesses a sound track record;
  3. Accorded a good credit rating by acceptable rating agencies;
  4. Supervised by a competent regulatory authority; and
  5. Conforms to generally accepted standards of international banking practices or BIS, as the case may be.

 

Application Requirements

An applicant is required to submit application of which the submission should include the following:
  • A letter of awareness from a competent regulatory authority that supervises the applicant's shareholder/head office.
  • A letter of guarantee from the applicant's shareholder or an undertaking from the head office.
  • Business plans inclusive of three years' financial projections of the applicant.
  • Certified true copy of the Memorandum and Articles of Association of the applicant.
  • Certified true copy of the resolutions of the Board or minutes of the general meeting, which approve the applicant to apply for a licence.
  • Copy of the applicant's shareholder/head office audited annual accounts for the three preceding years.
  • A minimum paid-up capital  amounting to RM10.0 million equivalents in any foreign currency.
  • Applicant's corporate profile, which includes:
    • The name, place and date of establishment of the applicant.
    • The names, addresses, qualifications and experience of the directors and officers responsible for the overall management of the affairs of the applicant.
    • The name and address of each member who holds 10% or more of the voting shares of the applicant.
    • Declaration by the applicant on the probity of its directors and officers who are responsible for the management of the applicant.
  • Any other information relevant to the application.

 

Operational Requirement

  1. Maintain a physical presence in Labuan.
  2. Every director or Principal Officer (PO) of a Labuan bank must be of fit and proper persons and shall not be subjected to any adverse report from any reliable sources. The appointment of director or PO of a Labuan bank must obtain prior approval from Labuan FSA.
  3. Comply with the statutory requirements under the Labuan Financial Services and Securities Act 2010.
  4. Comply with the prudential and reporting requirements issued by Labuan FSA.
  5. Adhere to any other requirements issued by Labuan FSA from time to time.
  6. Meet certain pre-determined criteria, should it prefer to co-locate to any other parts in Malaysia.

 

Fees

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

RM100,000

USD30,000

Marketing Office Fee

RM7,500

USD2,500

Co-Located Office Fee

RM10,000

USD3,500

 

 

 

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 / Circulars

Guideline on Entry Criteria for Labuan Bank
Guidelines on Corporate Governance for Labuan Banks
Guidelines on Concentration of Credit
Guidelines on Suspensions of Interest on Non-Performing Loans and Provision for Bad and Doubtful Debts
Guidelines on Connected Lendings
Guidelines on Fit and Proper Person
Guidelines on Co-Location of Labuan Bank