Country Guide My March 2013

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    This publication isa joint project with

    Doing business in Malaysia

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    Executive summary 4

    Foreword 6

    Introduction Doing business in Malaysia 8

    Conducting business in Malaysia 12

    Taxation in Malaysia 16

    Audit and accountancy 25

    Human Resources and Employment Law 28

    Trade 30

    HSBC in Malaysia 33

    Banking in Malaysia 34

    Country overview 36

    Contacts 38

    Disclaimer

    This document is issued by HSBC

    Bank Malaysia Berhad (the Bank)

    in Malaysia in partnership with

    PricewaterhouseCoopers (PwC).

    It is not intended as an oer or

    solicitation or business to anyone in

    any jurisdiction. It is not intended or

    distribution to anyone located in or

    resident in jurisdictions which restrict

    the distribution o this document.

    It shall not be copied, reproduced,

    transmitted or urther distributed by

    any recipient.

    The inormation contained in this

    document is o a general nature only.

    It is not meant to be comprehensive

    and does not constitute nancial,

    legal, tax or other proessional

    advice. You should not act upon

    the inormation contained in this

    publication without obtaining specic

    proessional advice. This document

    is produced by the Bank together

    with PricewaterhouseCoopers

    (PwC). Whilst every care has been

    taken in preparing this document,

    neither the Bank nor PwC makes

    any guarantee, representation or

    warranty (express or implied) as to

    its accuracy or completeness, andunder no circumstances will the

    Bank or PwC be liable or any loss

    caused by reliance on any opinion or

    statement made in this document.

    Except as specically indicated, the

    expressions o opinion are those o

    the Bank and/or PwC only and are

    subject to change without notice.

    This document is not a Financial

    Promotion.

    The materials contained in this

    publication were assembled on

    21 August 2012 and were based

    on the law enorceable and

    inormation available at that time.

    Contents

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    Malaysia is a multi-ethnic,

    multicultural and multilingual

    society. It is a relatively open,

    state-oriented and newly-

    industrialised market economy.

    Although the economy has

    traditionally been commodity-

    based, services have become

    the single largest component

    o economic activity.

    Multinational corporations

    rom more than 40 countries

    have invested in over 5,000companies in Malaysias

    manuacturing and related

    services sectors, encouraged

    by the countrys pro-business

    environment. Malaysia today

    is one o the worlds top

    locations or oshore

    manuacturing and service-

    based operations. Many o

    the existing oreign companies

    have also continued to

    show their condence

    in the countrys potential as

    an investment location through

    their numerous expansions

    and diversications over the

    years, particularly in high-

    technology projects.

    Malaysias political and

    economic stability, prudent

    and pragmatic investor-

    riendly business policies,

    cost-productive workorce,

    a developed inrastructure

    comparable to that o any

    western country and a host

    o other amenities makes

    this country an enticing

    place or investors.

    Foreign investments are

    welcomed especially inareas like manuacturing,

    and particularly in high-

    technology, biotechnology

    industries and in the

    development o inormation

    technology through the

    establishment o the

    Multimedia Super Corridor.

    Key points or oreign investors

    to consider when looking

    at Malaysia as a potential

    place or investment include:

    Growthpotentialintheindustrial

    and services sector, especially

    shared services activities;

    Easyaccessibilitythrough

    air and sea;

    Youthfulworkforce;

    Attractiveincentivesfor

    oreign investors;

    Liberalgovernmentpolicies;

    Variousformsofbusinessesset

    up (e.g. representative oce,

    branch oce, companies, etc);

    Tax-freezonesand

    growth corridors; and

    LabuanInternationalBusiness

    and Financial Centre.

    All o the above points are

    urther explained in the guide.

    Executive summary

    4

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    Located in the heart o South

    East Asia, Malaysia has long

    played an important role in

    international trade and has

    gained commercial importance

    because o its strategic position

    linking seaborne trade routes

    between the Indian Ocean and

    East Asia.

    Today, the country continues

    to play a major role in

    international trade and business.

    The market-oriented economyandpro-businessGovernment

    policies in Malaysia have

    made it one o the worlds

    top investment destinations

    or oshore manuacturing

    operations. To date, the country

    has attracted more than 5,000

    oreign companies rom more

    than 40 countries to establish

    their operations in the country.

    With a population o 28 million

    people, Malaysia is on the right

    track towards achieving its

    goal o becoming a developed

    country by 2020. A country

    that depended primarily

    on agriculture and primary

    commodities, Malaysia has

    evolved to become an export-

    driven economy spurred by

    high technology, knowledge-

    based and capital-intensive

    industries. Last year, the

    countryrecordedaGDPgrowth

    o 7% one o the strongest

    showings in the region and

    amongst emerging economies

    globally.

    Malaysia with its key strengths

    as a business destination, has

    well-developed inrastructure,

    a productive workorce and

    is politically stable with a well-

    developed legal system. It also

    has a diversied economy

    with50%ofGDPcoming

    rom the services sector and

    oers attractive incentives or

    oreign investors.

    HSBC has been in Malaysia

    or more than 127 yearsand we have grown in tandem

    with the development

    o the country. With our

    vast experience and global

    connectivity, we are

    well-positioned to assist

    in making the most o market

    opportunities here. HSBC

    Malaysia oers a wide range

    o conventional and Islamic

    nancial propositions

    through a growing network

    o 50 branches nationwide

    that can help businesses tap

    into this ast-growing market.

    This guidebook, Doing Business

    in Malaysia, will oer you

    insightul inormation on doing

    business here. We look orward

    to helping you unlock potential

    opportunities in Malaysia.

    Mr. Mukhtar HussainDeputy Chairman & CEO

    HSBC Bank Malaysia Berhad

    Foreword

    6

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    Malaysia is a country on

    the move. From a country

    dependent on agriculture and

    primary commodities in the

    sixties, Malaysia has today

    become an export-driven

    economy spurred on by high-

    technology, knowledge-based

    and capital-intensive industries.

    Economic environment

    The structural transormation

    o Malaysias economy overthe last 50 years has been

    spectacular. Oten dubbed the

    lucky country because o

    its wealth o mineral resources

    and ertile soils, Malaysia

    did not rest on its laurels but

    progressed rom an economy

    dependent on agriculture

    and primary commodities

    to a manuacturing-based

    and export-driven economy.

    Malaysia is one o the

    worlds leading exporters

    o semiconductor devices,

    computer hard disks, audio

    and video products and air-

    conditioners and the country

    hopes to move-up the value

    chain and is currently ocusing

    on attracting high-technology,

    high value-added, knowledge-

    based and skills intensive

    industries, incorporating

    activities such as design and

    development and research

    and development.

    The last decade has seen a

    deepening and widening o

    Malaysias industrial base,

    as well as the urther

    development o its services

    sector. As such, a strong

    oundation has been laid

    or the economy to move

    orward into the new

    globalised environment.

    Accessibility

    Malaysia is situated in Southeast

    Asia, bordered by Thailand in the

    north, Indonesia in the south and

    west, the Philippines in the eastand Singapore in the south.

    The Malaysian government had

    made considerable eorts and

    large investments in expanding

    its highways, railroads, seaports

    and airports. More recently,

    the government played an

    active role in encouraging

    development o modern modes

    o communications, such as

    satellite telecommunications,

    and the internet.

    The major seaports in West

    Malaysia are Port Klang,

    Penang Port, Johor Port, Port

    o Tanjung Pelepas, Kuantan

    Port and Kemaman Port. The

    major seaport in East Malaysia

    is the Bintulu Port in Sarawak

    and Sepangar Bay Container

    Port in Sabah. During the last

    ew decades, these ports were

    expanded to serve rapidly-

    growing Malaysian exports

    and imports.

    Malaysia has also promoted

    development o aviation in

    order to serve growing tourism

    and business needs. The

    country has 32 airports with

    paved runways and 83 airports

    with unpaved runways.

    The largest o them is the

    US$3.2 billion state-o-the-art

    Kuala Lumpur International

    Airport, which is capable o

    handling 25 million passengers

    and 1.2 million tons o cargo

    annually*. Neighbouring the

    main terminal is the Low Cost

    Carrier Terminal opened in

    2005, which oers extensiveno-rill travel destinations at

    lower cost.

    Telecommunication services in

    Malaysia are up to international

    standards, thanks to an infow

    o private investments and

    the governments initiatives

    in developing this sector.

    Malaysia as a placeto do business

    The adverse circumstances

    arising rom the nancial

    crisis in the U.S. had a

    contagion eect in Europe

    and Asia. Despite the adverse

    circumstances, the Malaysian

    grossdomesticproduct(GDP)

    grew 5.1% in 2011, supported

    by domestic demand and

    continued expansion in private

    and public consumption.

    The economy is expected

    to remain in steady growth

    mode in 2013.1

    *www.nationsencyclopedia.comIntroductionDoing business in Malaysia

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    In 2013, Malaysias ranking

    in the World Banks Ease o

    Doing Business is 12th out

    o 185 territories. In 2012, it

    was ranked 14th out o 183

    territories.2

    Malaysia is a natural choice

    or shared services in view

    o its low costs, particularly

    or inrastructure, conducive

    business environment,

    and high levels o global

    integration.

    The labour market conditions in

    Malaysia are avourable. Labour

    costs in Malaysia are relatively

    low while productivity levels

    remain high in comparison with

    industrialised countries.

    Basic literacy among the

    labour workorce is high,

    and the workorce is youthul

    and trainable and the

    environment is generally

    strike-ree. Employers and

    employees contribute to the

    Employees Provident Fund.

    Bahasa Malaysia, is the

    ocial language. It is the

    language o administration

    or the ederal and state

    governments. Correspondence

    rom the government is in

    Bahasa Malaysia, although

    certain government

    departments will accept

    correspondence in English.

    English, taught as a second

    language in schools, is widely

    used in business.

    Incentives or oreigninvestors

    Despite prevailing global

    economic uncertainties,

    oreign direct investment (FDI)

    infows into Malaysia in 2011increased by 12.3 per cent

    to RM32.9 billion compared

    with RM29.3 billion in 2010.

    The manuacturing sector

    accounted or the largest share

    o FDI infows, accounting or

    50.1% o total FDI infows,

    ollowed by the services sector

    (27.3%), mining and quarrying

    (22.2%) and agriculture,

    orestry and shing (0.4%).

    Total investments approved in

    the manuacturing, services

    and primary sectors surged by

    40.7% rom RM105.6 billion

    (4,368 projects) in 2010 to reach

    RM148.6 billion (4,964 projects)

    in 2011. This is a testament to

    investors condence in the

    local business environment.

    The FDI infow into Malaysia is

    expected to remain strong this

    year and beyond.3

    In its attempt to draw more

    FDI into the country, the

    Governmenthas,sinceApril

    2009, announced a series

    o bold and signicant

    liberalisation measures or

    the services sector including

    nancial services, inormation

    and communications technology

    (ICT) and logistics sectors.

    Companies rom various

    sectors including but not limited

    to the manuacturing, services,

    tourism, construction, trading,agriculture and education may

    be eligible to apply or the types

    o tax scal and non-scal

    incentives available or the

    respective sector.

    It may be useul to note that

    theMalaysianGovernment,

    in trying to attract oreign

    direct investment, is amiable

    to also consider pre-package

    incentives, i.e. a oreign

    investors wish list or tax

    scal and non-scal incentives.

    Factorssuchasthesizeof

    investment, level o spin-o,

    employment opportunities,

    and technology transer,

    whether o national and

    strategic importance will play

    a role or granting o incentive.

    1. Source: www.mida.gov.my

    2. For more inormation, reer to

    www.doingbusiness.org

    3. Source: Malaysian Investment

    Development Authority and Ministry

    o International Trade and Industry

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    Conducting business in MalaysiaForms o businessIn Malaysia, the most

    common orm o businesses

    or oreign investors are

    limited liability companies,

    joint ventures, branches

    or representative/regional

    oces. Unincorporated

    joint ventures between

    two or more incorporated

    entities are common in civil

    construction and in large

    inrastructure projects.

    Besides the above, other typeso entities include oreign

    branch, Limited Liability

    Partnership and representative/

    regional oces.

    LLP is a new business vehicle

    introduced by The Companies

    Commission o Malaysia (CCM)

    recently. It provides the public

    with more options to choose

    their business vehicle.

    The ollowing details out the

    principal orms o business:

    Company

    Companies are governed

    by the Companies Act,

    1965 (Companies Act). The

    Companies Act provides or

    three types o companies:

    a. Company limited by shares;

    b.Company limited by guarantee;

    c. Unlimited company.

    In practical terms, almost

    all companies will be

    companies limited by shares,

    i.e. companies with limited

    liability, the maximum liability

    being limited to the value o

    share capital. Only a public

    company may oer shares

    or other securities to the

    public. Companies may be

    ormed as either private or

    public companies.

    Publiccompany:Thepublic

    can subscribe or shares or

    debentures in the company

    or deposit money with the

    company. A public companymust, beore it allots shares

    or debentures, le with the

    Companies Commission o

    Malaysia (CCM) a prospectus

    in relation to its aairs, or a

    statement in lieu o prospectus

    i no public issue is made.

    Privatecompany:Thistype

    o company limits the number

    o shareholders to 50. There are

    also restrictions on the right

    to transer its shares and

    a prohibition on any invitation

    to the public to subscribe or

    shares or debentures o the

    company. A private company is

    usually suitable as a subsidiary

    o an overseas corporation that

    does not wish to raise capital

    or borrow unds rom the public.

    A private company qualies

    as an exempt private company

    i it has no more than 20

    shareholders, benecial interest

    is not held by a corporation

    and i it is a solvent company.

    A local subsidiary o a oreign

    corporation thereore does

    not qualiy.

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    Forms o business Setting up a business

    An exempt private company is

    relieved o certain obligations

    under the Companies Act, such

    as the requirement to le annual

    accounts with the CCM, where

    they would be available or public

    inspection. Also, the prohibition

    o loans to directors and to

    companies connected with the

    directors, does not apply to an

    exempt private company.

    Joint venture

    Joint ventures are structured

    either as a partnership or

    as a consortium o incorporated

    companies; the term joint

    venture does not denote

    a separate and distinct

    business entity.

    Branch o oreign company

    A oreign company is a

    company incorporated outside

    Malaysia. A oreign company

    that desires to establish a

    place o business or to carry

    on business within Malaysia,

    may establish a branch by ling

    the required returns to CCM.

    The establishment o a branch

    is not encouraged or a oreign

    company engaged in wholesale

    or retail trade.

    Limited Liability Partnership

    Limited Liability Partnership

    (LLP) is a hybrid between

    company and conventional

    partnership. LLP is governed

    by the Limited Liability

    Partnerships Act 2012.

    The main ees to be paid to

    CCM in respect o registering

    a company are as ollows:5

    The requirements to orm

    a company are:6

    i. application to be made to

    CCM to ascertain whether

    the proposed name o the

    company to be incorporated

    is acceptable and available;

    ii. a minimum o two

    subscribers to the shares

    o the company (Section

    14 Companies Act (CA));

    iii.a minimum o two directors

    (Section 122 CA); and

    iv.a company secretary

    who can be either:

    a. an individual who is a

    member o a proessional

    LLP is a separate legal

    entity rom its partners.

    The liabilities o the partners

    o a LLP are limited while the

    LLP has unlimited capability

    in conducting business and

    holding property.

    Two or more individuals or

    bodies corporate may orm a

    LLP or any lawul business in

    accordance with the terms o

    the LLP Agreement. LLP may

    also be ormed or the purposeso carrying on proessional

    services o which the partners

    must be natural persons o

    same proessional practice

    and have in orce proessional

    indemnity insurance approved

    by the Registrar.

    LLP has perpetual succession

    and any change in the partners

    will not aect the existence,

    rights or liabilities o a LLP.

    Representative/regional ofce

    The representative oce/

    regional oce does not

    undertake any commercial

    activities and only represents

    its head oce/principal to

    undertake designated

    unctions. The representative

    oces/regional oces

    operation is completely unded

    rom sources outside Malaysia.

    The representative oce/

    regional oce is not required

    to be incorporated under the

    Companies Act. The set-up

    body prescribed by the

    Minister o Domestic Trade

    and Consumer Aairs; or

    b. an individual licensed

    by the CCM.

    Yearly Compliance

    Companies must hold an

    annual general meeting

    in each calendar year, not

    more than 15 months ater

    the previous annual general

    meeting. A newly-incorporated

    company must hold its rst

    annual general meeting within

    18 months o its date o

    incorporation. Companies

    must lodge an annual return

    with CCM within one month

    o the date o the annual

    general meeting. Unless

    the company is an exempt

    private company, the audited

    accounts and directors

    report must be lodged

    with the annual return.

    o a representative/regional

    oce requires the approval

    oftheMalaysianGovernment.

    Representativeofce:An

    oce o a oreign company/

    organisation approved to

    collect relevant inormation

    on investment opportunities

    in the country, especially in

    the manuacturing and services

    sector, enhance bilateral trade

    relations, promote the export

    o Malaysian goods andservices and carry out research

    and development (R&D).

    Regionalofce:Anofce

    o a oreign company/

    organisation that serves as

    the coordination centre or

    the company/organisations

    aliates, subsidiaries and

    agents in Southeast Asia

    and the Asia Pacic. The

    regional oce established

    is responsible or the

    designated activities o the

    company/organisation within

    the region it operates.

    So ar, the most common

    type o entity to conduct

    business in Malaysia is the

    private limited company

    (Sendirian Berhad Sdn Bhd).

    Such a company can be wholly

    owned or set up with local

    participation. In most instances,

    oreign ownership o up to

    100% is permissible, with the

    exception o certain areas in

    regulated industries such as

    oil and gas and logistics.

    The annual return contains

    the list o shareholders;

    a summary o the issued

    share capital; particulars

    o the directors, managers,

    secretary, and auditors;

    and certain other statutory

    inormation. This return must

    include a copy o the latest

    audited inancial statements.

    The requirements to orma LLP are:6

    to have the proposed name

    o the LLP;

    to have at least two or more

    partners

    to have a registered oce

    within Malaysia

    to have a compliance ocer,

    who is either one o the partners

    or persons qualied to act as a

    company secretary under CA who:

    (a)isacitizenorpermanent

    resident o Malaysia; and

    (b) ordinarily resides in Malaysia.

    a LLP must also indicate its

    nature o business during

    Its application or registration.

    Yearly compliance

    Accounts must be prepared,

    which shall give a true and air

    view o the state o aairs o a LLP.

    Subject to LLP Agreement, the

    accounts are not required to be

    audited.

    Submit to CCM an annual

    declaration on the solvency o

    the LLP by at least two partners

    within 90 days rom nancial

    year end o the LLP.

    RM

    Reservation o a name 30

    Fees to be paid or registration o a company whose

    authorised share capital

    Does not RM100,000 1,000

    Exceeds RM100,000 but does not exceed RM500,000 3,000

    Exceeds RM500,000 but does not exceed RM1 million 5,000

    Exceeds RM1 million but does n ot exceed RM5 million 8,000

    Exceeds RM5 million but does not exceed RM10 million 10,000

    Exceeds RM10 million but does not exceed RM25 million 20,000

    Exceeds RM25 million but does not exceed RM50 million 40,000

    Exceeds RM50 million but does not exceed RM100 million 50,000

    Exceeding RM100 million 70,000

    5. Source: www.mida.gov.my6. Source: www.ssm.com.my14

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    Concepts o income taxation

    Malaysia operates under

    a Sel-Assessment System

    (SAS) and income is taxed

    on a territorial basis. Income

    tax in Malaysia is imposed on

    income accruing in, or derived

    rom, Malaysia except or

    income o resident companies

    carrying on a business o air

    or sea transport, banking or

    insurance, which are taxed

    on a worldwide basis. Foreign-source income received in

    Malaysia is not taxable.

    Corporations are taxed ata rate o 25%. A reduced rate

    o 20% on the rst RM500,000

    o chargeable income applies

    to resident companies with

    a paid-up share capital o

    RM2.5 million or below and

    is not controlled directly or

    indirectly by a related company

    which has a paid up capital

    exceeding RM2.5 million in

    respect o ordinary shares.

    The tax assessment period

    coincides with the actualnancial year and is assessed

    on a current-year basis.

    For example, or the nancial

    year ended 31 December 2011,

    the tax assessment period

    is rom 1 January 2011 to

    31 December 2011.

    Every company subject

    to tax is required to le an

    annual return o income

    with the Malaysian Inland

    Revenue Board (MIRB ).

    Failure to le a return or

    to give notice o the liability

    to tax is a punishable oence.

    The time limit or ling o the

    tax return is 7 months rom

    the end o the nancial year

    unless extended by the MIRB.

    Under the SAS, taxpayers

    are required to le a tax return

    and also to compute their own

    tax liabilities. It is not necessaryto le audited statements

    o accounts together with

    the return.

    Tax audits will be the key

    enorcement tool used by

    the MIRB to ensure that

    the SAS is strictly complied

    with to prevent any loss o

    revenuetotheGovernment

    and to promote and increase

    awareness and voluntary

    compliance by taxpayers.

    Proft distribution

    From year o assessment (YA)

    2008, the imputation systemo taxation was replaced by a

    single-tier system o taxation

    which came into eect rom

    1 January 2008.

    Under this system, tax on a

    companys prots is a nal

    tax and dividends are exempt

    in the hands o shareholders.

    Companies are no longer

    required to deduct tax at source

    rom dividends distributed

    to shareholders. A transition

    period o 6 years is provided

    or implementation o the

    single-tier system. All companies

    will move to the single-tier

    system on 1 January 2014,

    even though they may still have

    unutilised ranking-credits as

    at 31 December 2013.

    Taxable income and gains

    The sources o income

    subject to tax include thoselisted below:

    Gainsorprotsfromany

    trade, business, proession,

    or vocation;

    Dividends,interestand

    discounts;

    Rents,royaltiesandpremiums;

    Pensions,annuitiesandother

    periodic payments;

    Amountsreceivedbya

    non-resident person or

    provision o technical advice,

    assistance or services, or the

    provision o services relating

    to the installation or operation

    o any apparatus or plant.

    (Such income is only taxable

    i the services are perormedin Malaysia.); and

    Rentorotherpaymentsfor

    the use o movable property

    received by a non-resident.

    Realpropertygainstax(RPGT)

    is a orm o capital gains tax.

    RPGTischargedongains

    arising rom the disposal o real

    property which is dened as:

    Taxation in MalaysiaCorporation Income Tax

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    AnylandsituatedinMalaysia

    and any interest, option or other

    right in or over such land; or

    Sharesinarealproperty

    company (RPC).

    Eective 1 January 2013,

    disposal o chargeable assets

    made within 2 years o their

    acquisitionissubjecttoRPGT

    o 15% on gains arising rom

    the disposal o the chargeable

    assets. Disposal o chargeable

    assets made ater 2 years butbeore 5 years o acquisition

    issubjecttoRPGTof10%.

    Disposal ater 5 years o

    acquisition are not subject

    toanyRPGT.

    Losses

    Business losses as adjusted

    or tax purposes can be

    utilised against income rom

    all sources liable to income

    tax in the same basis period.

    Any excess business losses

    not utilised may be carried

    orward or set-o against

    uture income rom all

    business sources indenitely.

    Group relie

    From YA 2006, group relie

    is available or all locally-

    incorporated resident

    companies provided that the

    conditions or eligibility are met.

    A company that qualies may

    surrender a maximum o 50%

    o its adjusted loss or a YA to

    one or more related companies.

    once while annual allowances

    are given every year using the

    straight-line method.

    Tax incentives ororeign investors

    There are a suite o tax

    incentives available in Malaysia

    including but not limited to

    the ollowing:

    Pioneerstatus;

    Investmenttaxallowance;

    Reinvestmentallowance;Infrastructureallowance;

    Allowanceforincreased

    exports;

    OperationalHeadquarters;

    TreasuryManagementCentres;

    Greenincentives;

    Doubledeductions/Special

    deductions;

    Pre-packageincentivesfor

    approved business; and

    Importdutyandsalestax

    exemption.

    The extent o exemption

    under each type o tax

    incentive varies. For example,

    Companies that are granted

    with Pioneer status enjoy taxexemption up to 100% o their

    statutory income or a period

    o up to 10 years. ITA on

    the other hand, allows tax

    exemption up to 100% o their

    statutory income based on

    certain percentage o qualiying

    capital expenditure incurred

    by the companies. Certain

    companies which incurred

    qualiying expenditure can

    also avail or double deduction

    With eect rom YA 2009,

    the maximum percentage o

    loss that can be surrendered is

    increased to 70%.

    To be eligible or group relie,

    the claimant and surrendering

    companies must meet the

    ollowing conditions:

    Mustberesidentand

    incorporated in Malaysia;

    Eachhasapaid-upcapital

    o ordinary shares exceeding

    RM2.5 million at the beginningo the assessment period;

    Bothcompaniesmusthave

    the same (twelve-month)

    accounting period;

    Theyarerelatedcompanies

    as dened in the law, and must

    or special deduction as the

    case may be, to reduce their

    taxable income.

    Companies rom various

    sectors including but not limited

    to the manuacturing, services,

    tourism, construction, trading,

    agriculture and education may

    be eligible to apply or the

    types o incentives available

    or the respective sector.

    It may be useul to note thattheMalaysianGovernment,

    in trying to attract oreign

    direct investment, is amiable

    to consider pre-packaged

    incentives, i.e. oreign investors

    wish list or tax, scal and

    non-scal incentives. Factors

    suchasthesizeofinvestment,

    level o spin-o, employment

    opportunities, technology

    transer, whether o national

    and strategic importance

    will play a role or granting

    o the incentive.

    Special investment zonesand economic growth

    corridors

    TheGovernmenthasalso

    introduced various measures

    to acilitate economic growth,

    spur investments and bridge

    the rural-urban divide in the

    country. The measures include

    the implementation o:

    GrowthcorridorsSeveral

    growth corridors have

    been conceptualised and

    be related throughout the

    relevant basis period as well

    as the 12 months preceding

    that basis period; and

    Companiescurrentlyenjoying

    certain incentives such as

    pioneer status, Investment Tax

    Allowance (ITA), reinvestment

    allowance etc. are not eligible.

    Capital allowances

    Capital allowances (some rates

    o which are shown below)are given on qualiying capital

    expenditure. Capital allowances

    can only be claimed against

    each business source based

    on the rates set by MIRB.

    Initial allowances are given only

    implemented to promote

    investments and development

    in certain promoted areas

    and activities/industries.

    Major corridors include:

    1.Multimedia Super Corridor

    (MSC): Designated cybercities

    and cybercentres;

    2. Iskandar Malaysia:

    Southern Johor;

    3.Northern Corridor Economic

    Region (NCER): Perlis, Kedah,

    Penang and Northern Perak;

    4.East Coast Economic Region(ECER): Kelantan, Terengganu,

    Pahang and Mersing district

    o Johor;

    5.Sabah Development Corridor

    (SDC): Sabah; and

    6.Sarawak Corridor o Renewable

    Energy (SCORE): Sarawak.

    Apart rom the incentives which

    are oered to various industries

    and approved activities under

    the Promotion o Investments

    Act 1986 and the Income Tax

    Act 1967, customised or special

    incentives have been modied

    or the purpose o each corridor.

    These incentives are over and

    above the existing set oincentives oered by the

    MalaysianGovernment.

    IndustrialparkIndustriesin

    Malaysia are mainly located

    in over 200 industrial estates

    or parks. State governments

    and private developers are

    continuously developing new

    sites which are ully equipped

    with inrastructure acilities

    such as roads, electricity

    Initial Allowance Rate

    Industrial building 10%

    Computer and IT equipment 20%

    Plant and machinery used or conservation o energy 40%

    Heavy machinery and motor vehicles 20%

    Generalplantandmachinery 20%

    Others 20%

    Annual Allowance

    Industrial building 3%

    Computer and IT equipment 80%/10%*

    Plant and machinery used or conservation o energy 20%

    Heavy machinery and motor vehicles 20%

    Plant and machinery 14%

    Others 10%

    * 10% applies or companies which have been granted certain incentive under the Promotion o Investments Act 198618

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    and water supplies, and

    telecommunications.

    Specialised parks have also

    been developed in Malaysia to

    cater or the needs o specic

    industries. Examples o these

    parks are:

    1.Technology Park Malaysia

    (TPM) in Bukit Jalil, Kuala

    Lumpur: Among the

    worlds most advanced and

    comprehensive centres or

    research and developmentby knowledge-based industries;

    2.Kulim Hi-Tech Park in the

    northern state o Kedah:

    Caters to technology-intensive

    industries and research and

    development activities; and

    3.Halal Parks: Communities

    o Halal-oriented businesses

    built on common property

    where they are provided

    with inrastructure and

    service support.

    FreeIndustrialZones(FIZ)

    Thereare18FIZsthroughout

    thecountry.FIZsareexport

    processingzoneswhichhave

    been developed to cater orthe needs o export-oriented

    industries. Companies in

    FIZsareallowedtoduty-free

    imports o raw materials,

    components, parts, machinery

    and equipment directly required

    in the manuacturing process.

    FIZmanufacturersarealso

    exempted rom the payment

    o sales tax, excise duty and

    service tax.

    The payments and the related

    withholding tax rates are

    as below:

    There is no withholding tax

    on dividends.

    Note: Where the recipient is

    resident in a country which

    has a double tax treaty with

    Malaysia, the tax rates or

    specic sources o income

    may be reduced.

    Tax treaty networks

    Malaysia has an extensive

    network o tax treaties

    including:

    Albania, Australia, Austria,

    Bangladesh, Bahrain, Belgium,

    Brunei, Canada, Chile, China

    (P.R.C.),Croatia,Czech

    Republic, Denmark, Egypt,

    Fiji,Finland,France,Germany,

    Hungary, India, Indonesia, Iran,

    Ireland, Italy, Japan, Jordan,

    Kazakhstan,Korea(R.O.K.),

    Kuwait,Kyrgyz,Lebanon,

    LicensedManufacturing

    Warehouse (LMW) In areas

    whereFIZsarenotavailable,

    companies can set up LMWs

    which are accorded acilities

    similar to those enjoyed

    byestablishmentsinFIZs.

    Transer pricing guidelines

    The MIRB released transer

    pricing guidelines which are

    meant to provide multinational

    corporations and othercompanies involved in related-

    party transactions with

    guidance on matters relating

    to transer pricing such as

    inormation on methodologies

    or determining arms length

    prices that are acceptable to

    the MIRB, and the type o

    records and documentation

    that are expected to be kept

    or transactions involving

    related parties.

    The Malaysian Transer Pricing

    Guidelinesarelargelybased

    on the governing standard or

    transer pricing which is the

    arms length principle as setout under the Organisation

    or Economic Co-operation

    and Development (OECD)

    transer pricing guidelines.

    In addition to the Malaysian

    TransferPricingGuidelines,

    Income Tax (Transer

    Pricing) Rules 2012 and

    Income Tax (Advance Pricing

    Arrangement) Rules 2012

    weregazettedon11May

    2012, and are deemed to

    be eective rom 1 January

    2009 onwards.

    Prior to 2009, MIRB relied

    on the general anti-avoidance

    legislation under Section 140

    o the Income Tax Act, 1967,

    to disregard any transaction

    between related parties

    which was not conducted

    on an arms length basis.

    In January 2009, Section

    140A was introduced to

    provide specic legislative

    direction on transer pricing

    in Malaysia. Unlike the general

    anti-avoidance provisions in

    Section 140 which covers all

    transactions, Section 140A

    specically deals with related-

    party transactions rom a

    transer pricing perspective

    including thin capitalisation

    legislation. Although thin

    capitalisation legislation was

    introduced as part o section

    140A, the implementation o

    these rules have been deerredto a later date.

    Withholding taxes

    Withholding tax is imposed

    on income derived in

    Malaysia by non-residents

    and is restricted to certain

    specic payments.

    Types o payments Tax rate (Note)

    Interest 15%

    Royalty 10%

    Technical ees 10%

    Rental o moveable properties 10%

    Contrac t pay ment (rom 21 September 20 02 ) 10 % + 3%

    Services perormed by public entertainer 15%

    Other income 10%

    Luxembourg, Laos, Malta,

    Mauritius, Mongolia,

    Morocco, Myanmar, Namibia,

    Netherlands,NewZealand,

    Norway, Pakistan, Papua New

    Guinea,Philippines,Poland,

    Qatar, Romania, Russia, Saudi

    Arabia, San Marino, Seychelles,

    Singapore, South Arica, Spain,

    Sri Lanka, Sudan, Sweden,

    Switzerland,Syria,Thailand,

    Turkey, Turkmenistan, United

    Arab Emirates, United Kingdom,

    Uzbekistan,Venezuela,

    Vietnam,Zimbabwe.

    Malaysia also has limited tax

    treaties with Argentina (shipping

    and air transport), United

    States o America (shipping

    and air transport) and Taiwan

    (exemption orders). Malaysia

    has also signed a tax treaty

    with Hong Kong but it has

    not yet been ratied.

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    Basis o taxationin Malaysia

    The tax year or an individual

    is the calendar year. Income

    is assessed on a current

    year basis. This means that

    income earned in 2011 will

    be assessed in the YA 2011.

    The SAS also applies to

    individuals.

    Income is taxed in Malaysia

    on a territorial basis, i.e. incometax is chargeable on income

    accruing in or derived rom

    Malaysia. With eect rom

    YA 2004, income received

    in Malaysia rom a source

    outside Malaysia by an individual,

    whether tax resident or non-tax

    resident, is exempt rom tax.

    The manner in which an

    individual is taxed is dependent

    on his tax residency status

    which is determined by the

    number o days that he is

    physically present in Malaysia

    Taxation o residents

    and non-residents

    A tax resident individual

    is subject to income tax at

    graduated rates between

    0% and 26% ater deducting

    personaltaxreliefs.Various

    tax relies are available.

    A non-resident individual or

    tax purposes is not entitled

    to personal tax relies and is

    taxed at a fat rate o 26%.

    Tax residence statuso individuals

    An individual is generally

    regarded as tax resident

    i he is:

    inMalaysiaforatleast182

    days in a calendar year;

    inMalaysiaforaperiodof

    less than 182 days during

    the year (shorter period)

    but that period is linked toa period o physical presence

    o 182 or more consecutive

    days in the ollowing or

    preceding year (longer period).

    Temporary absence rom

    Malaysia or certain specied

    reasons during the shorter or

    longer period are counted as

    part o the consecutive days,

    provided that the individual is

    in Malaysia beore and ater

    each temporary absence;

    inMalaysiafor90daysor

    more during the year end,

    in any 3 o the 4 immediately

    preceding years, he was in

    Malaysia or at least 90 daysor was resident in Malaysia; or

    residentfortheyear

    immediately ollowing that

    year end and or each o the 3

    immediately preceding years.

    Exemption (Short-term employees)

    Income o a non-resident

    rom an employment in

    Malaysia is exempt:

    iftheaggregateoftheperiod

    or periods o employment

    in Malaysia does not exceed

    60 days in a calendar year;

    foracontinuousperiod(not

    exceeding 60 days) whichoverlaps two calendar years; or

    foracontinuousperiod(not

    exceeding 60 days) which

    overlaps two successive

    years and or a period or

    periods which together with

    the continuous period do not

    exceed 60 days.

    Sel-assessmentor individuals

    Sel-assessment or individuals

    was implemented rom YA

    2004. Under the SAS, the

    responsibility or correctly

    assessing a persons tax liability

    is transerred rom the MIRB

    to the taxpayer.

    The prescribed Form B/BE/M

    will be issued to individual

    taxpayers in the month oJanuary or earlier and will be

    due or submission not later

    than 30 April (no business

    source) or 30 June (with

    business source) ollowing

    the assessment year. The

    submission o the Form B/BE/M

    is deemed to be a notice o

    assessment or which tax is

    due and payable in the same

    date as the ling deadline.

    Under the SAS, the

    MIRB monitors taxpayers

    compliance with the law

    through tax audits.

    Employers tax obligations

    Where an individual exercises

    a Malaysian employment,

    his/her employer or deemed

    employer would be required

    to comply with the ollowing

    tax and reporting obligations:

    submitanannualreturnof

    remuneration by the employer

    (i.e. Form E) which provides a

    summary o the salary paid and

    tax deducted in respect o theiremployees no later than 31

    March in the year immediately

    ollowing the relevant year o

    assesment;

    theincomecerticate(i.eForm

    EA) must be prepared and

    rendered to the employee

    on or beore the last day o

    February o the ollowing year;

    remitmonthlytaxdeductions

    (MTD) to the MIRB by the 10th

    o the ollowing month, or each

    new employee, to submit the

    notication o commencement

    o employment (i.e. Form CP

    22) and the tax questionnaire(i.e. Form KL/R/173) not

    later than one month rom

    the date o commencement

    o employment; and

    whenanemployeeisceasing

    employment and leaving the

    country, the employer has the

    obligation to notiy the MIRB

    in order to acilitate the tax

    clearance procedure or the

    employee. In addition, the

    employer is required to retain

    whatever amount o monies

    due to the employee, i.e.

    salary, allowances etc. until

    90 days ater the receipt o

    the notication or cessation

    o employment by theMalaysian tax authorities or

    when the employee obtains

    his tax clearance, whichever

    is earlier.

    Personal Income Tax

    22

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    Audit andaccountancy

    A multi-stage, broad-based

    GoodsandServicetax(GST)

    has been announced by the

    MalaysianGovernmentto

    replace the existing single

    stage sales tax and service

    tax. The implementation

    date remains unannounced

    at this juncture.

    Statutory requirements orcompanies incorporatedunder the Companies Act 1965

    Accounting and

    other records

    Accounting and other records

    are the responsibility o the

    companys directors. The

    company and directors

    must keep such accounting

    and other records so as

    to suciently explain the

    transactions and nancialposition o the company and

    enable preparation o nancial

    statements showing a true

    and air view to be conveniently

    and properly audited.

    All transactions must be

    recorded within 60 days o

    completion. These accounting

    and other records must be kept

    at the companys registered

    oce (which must be in

    Malaysia) or such other place in

    Malaysia as the directors think

    t. Accounting records relating

    to operations outside Malaysia

    may be kept at a place outside

    Malaysia, provided statementsand returns are sent to a place

    in Malaysia and are in sucient

    detail to enable preparation o

    nancial statements showing

    a true and air view.

    Accounting and other records

    are to be retained or seven

    years ater the completion o

    the transactions or operations

    to which they relate.

    Sales tax

    Sales tax is governed by

    the Sales Tax Act 1972, which

    came into orce on 29 February

    1972. Sales tax is a single-stage

    tax charged and levied on all

    taxable goods that are:

    manufacturedinMalaysiaand

    sold by a licensed manuacturer

    to a person other than a

    licensed manuacturer

    authorised by Customs toacquire such goods without

    payment o tax;

    usedordisposedofbythe

    licensed manuacturer; or

    importedintoMalaysiafor

    home consumption.

    Taxable goods means goods o

    a class or kind not or the time

    being exempted rom sales tax.

    Broadly, sales tax rates are

    as per the table below.

    All exports by licensed

    manuacturers are exemptedrom sales tax.

    Service tax

    Service tax is a consumption

    tax levied and charged on any

    taxable service provided by

    any taxable person.

    Taxable services include the

    provision o rooms or lodging/

    sleeping accommodation,

    health services, certain

    proessional services, certain

    telecommunication services

    including bandwidth servicesand certain value added

    services, management services,

    security services, provision

    o parking space, provision o

    gol course, gol driving range

    or services related to gol or

    gol driving range, courier

    delivery services (other than

    to destinations outside Malaysia),

    provision and issuance o charge

    card or credit card whether

    or not annual subscription or

    ee is imposed and the sale

    or provision o ood, drinks and

    tobacco products. The rate

    o service tax is generally 6%.

    However or charge or credit

    cards, the service tax is MYR50or the principal card and MYR25

    or a supplementary card.

    Rate (%)

    Fruit s, certain oodstu, timber and bui ld ing mater ia ls 5

    Cigarettes and tobacco 5

    Liquor and alcoholic drinks 5

    All other goods, except petroleum subject to specic

    rates and goods not specically exempted

    10

    Sales and Service Taxes

    24

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    Free trade agreements

    Malaysia has concluded

    several regional and bilateral

    ree trade agreements and

    several more are still under

    negotiation. One o the

    key eatures o ree trade

    agreements is the preerential

    tari treatment accorded

    to member countries.

    Currently, Malaysia has

    signed the ollowing ree

    trade agreements:

    ASEANFreeTradeAgreement;

    ASEANChinaFreeTrade

    Agreement;

    ASEANKoreaFreeTrade

    Agreement;

    Malaysia-PakistanCloser

    Economic Partnership;

    Malaysia-JapanEconomic

    Partnering Agreement;

    Malaysia-NewZealandFree

    Trade Agreement;

    ASEAN-Australia-NewZealand

    Free Trade Agreement;

    ASEAN-JapanComprehensive

    Economic Partnership;

    ASEAN-IndiaTradein

    GoodsAgreement;Malaysia-ChileFreeTrade

    Agreement; and

    Malaysia-IndiaComprehensive

    Economic Cooperation

    Agreement

    The preerential tari treatment

    and the rules o origin may vary

    rom one ree trade agreement

    to another.

    Customs Duty

    Customs duty is levied under

    the Customs Act 1967 on

    dutiable goods imported into

    or exported rom Malaysia.

    Importduties:Importduties

    are levied only on goods

    imported into the country

    and that are subject to import

    duties. The ad valorem rates

    o import duty may range rom

    2% to 60%. Raw materials,machinery, essential oodstus

    and pharmaceutical products

    are generally non-dutiable or

    subject to duties at lower rates.

    However, beer and spirits are

    still levied at specic rates

    beer at RM5 per litre and

    brandy at RM58 per litre.

    Exportduties:Exportduties

    are generally imposed on the

    countrys main commodities

    that are exported. The ad

    valorem rates o export duty

    range rom 2.5% to 20%.

    Some o the commodities that

    attract export duty are crude

    petroleum oil (at 10%), rattanwhole (at RM2,700 per kg),

    whilst export duty on crude

    palm oil is imposed based on

    scale rates.

    Excise Duty

    Excise duties are imposed

    on a selected range o goods

    manuactured and imported

    intoMalaysia.Goodswhichare

    subject to excise duty include

    beer/stout, cider and perry, rice

    wine, mead, undenatured ethyl

    alcohol, brandy, whisky, rum

    and taa, gin, cigarettes

    containing tobacco, motor

    vehicles, motorcycles, playing

    cards and mahjong tiles.

    The main legislations relatingto excise duty are the Excise

    Act 1976 and the Excise

    Regulations 1977.

    The rates o excise duty vary

    rom 10 cents per litre and

    15% or certain types o

    spirituous beverages, to as

    much as 105% or motorcars

    (depending on the engine

    capacity).

    Labuan

    Labuan, a Federal Territoryo Malaysia, was established

    on 1 October 1990 as an

    international nancial business

    centre to provide or the

    development o oshore

    activities in the areas o

    banking and insurance, trust

    and und management,

    investment holding and

    other activities carried on

    by multinational companies.

    In a rebranding exercise, the

    name was changed to Labuan

    International Business and

    Financial Centre (Labuan IBFC)

    in January 2008 to refect

    the jurisdictions growing

    international status. In the

    same year, a new entity, the

    Labuan IBFC Incorporated

    Sdn Bhd (Labuan IBFC Inc.),

    wholly owned by the Labuan

    Financial Services Authority,

    was established as the ocial

    agency or the promotion andmarketing o Labuan as

    the premier international

    business and nancial centre

    in Asia Pacic.

    The Labuan Financial Services

    Authority (LFSA), ormerly

    known as Labuan Oshore

    Financial Services Authority

    (LOFSA) is an agency

    established on 15 February

    1996 under the Labuan

    Financial Services Authority

    Act 1996, to be the supervisory

    authority in charge o regulating

    and supervising the industry

    in Labuan. Their role includes

    drawing up plans or urthergrowth and greater eciency

    o the Labuan IBFC.

    The objective o Labuan FSA

    is to act as a one-stop agency

    to implement the governments

    vision to develop Labuan as

    apremier IBFC by ensuring

    the highest level o integrity,

    commitment and

    proessionalism.

    Trade

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    HSBC in MalaysiaOverview

    The Labuan Companies Act

    1990 (LCA) provides or the

    incorporation, registration and

    administration o Labuan and

    oreign Labuan companies in

    Labuan. Such companies will

    not come within the provisions

    o the principal Companies

    Act 1965, which governs

    companies operating in

    Malaysia domestically.

    A Labuan company is one

    which is ormed either through

    incorporation under the LCA

    or through registration under

    the LCA o a oreign company

    incorporated outside Malaysia

    as a oreign Labuan company.

    The incorporation o a Labuan

    company would involve the

    ollowing procedures:

    AppointmentofaLabuan

    trust company as an agent or

    registration o the applicant.

    The trust company must

    conduct its own due diligence

    on the prospective applicant;

    Applicationforreservationand approval o name;

    Afterreservationandapproval

    o name, various documents

    must be lodged or registration

    including the memorandum

    and articles o association; and

    Paymentoftheincorporation

    ee depending on the value

    o nominal capital, as well

    as other administrative ees.

    A Labuan company may

    be limited by shares, limited

    by guarantee or an unlimited

    company. There is no minimum

    capital requirement other than

    or Labuan companies ormed

    to carry on the business o

    Labuan banking or Labuan

    insurance.Variousclasses

    o shares and dierent rights

    may be issued. A Labuan

    company has the power to

    issue dierent classes o

    shares valued in a currency

    other than Malaysian Ringgit.

    A oreign Labuan company

    is not required to maintain its

    accounting and other records

    in Labuan. It must submit an

    annual return in the prescribed

    orm once every calendar year,

    not later than 30 days prior to

    the anniversary o the date

    o registration.

    With eect rom 1 January

    2009, a Labuan Holding

    Company is allowed to

    establish an operational

    and management oce in

    Kuala Lumpur (co-location).Approval must be obtained

    rom the Labuan FSA beore

    setting up the oce, and

    is subject to conditions,

    including a requirement or

    the Labuan company to make

    an irrevocable election or it

    to be taxed under the Income

    Tax Act, 1967 instead o the

    Labuan Business Activity

    Tax Act, 1990. An annual

    ee o RM7,000 is charged

    upon approval, and or every

    subsequent year during which

    the approval is valid.

    Generally,Labuanentitiesare

    accorded with a preerential tax

    treatment under the Labuan

    Business Activity Tax Act 1990

    (LBATA) and subject to nil or

    low income tax (i.e. 3% o net

    audited prots or RM20,000)

    depending on the type o

    activity conducted in Labuan.

    The preerential tax treatment

    under the LBATA is granted

    to Labuan entities conducting

    Labuan business activities

    in Labuan.

    Labuan business activity is

    dened as a Labuan trading

    or Labuan non-trading activity

    carried on, in, rom or through

    Labuan in a currency other

    than the Malaysian Ringgit

    by a Labuan entity with non-

    residents or another Labuan

    entity. Labuan trading activities

    include banking, insurance,

    trading, management, licensing,

    shipping operations or anyother activities not considered

    as a Labuan non-trading

    activity. Labuan non-trading

    activities reer to the holding

    o investments in securities,

    stocks, shares, loans, deposits

    or any other by a Labuan entity

    on its behal.

    HSBC Bank Malaysia Berhad

    was locally incorporated in

    1984 and is a wholly-owned

    subsidiaryoftheHSBCGroup.

    In 2006, HSBC was the rst

    oreign bank to be awarded

    a Takaul (Islamic insurance)

    licence in Malaysia. HSBC

    Amanah Takaul (Malaysia) Sdn

    Bhd, a joint venture between

    HSBC Insurance (Asia Pacic)

    Holdings Limited (49%

    shareholding), Jerneh Asia

    Berhad (31% shareholding)

    and Employees Provident

    Fund Board o Malaysia (20%

    shareholding), commenced

    operations in August 2006.

    In 2007, HSBC Bank

    Malaysia was the rst locally

    incorporated oreign bank to

    be awarded an Islamic banking

    subsidiary licence in Malaysia,

    and HSBC Amanah Malaysia

    Berhad, a ully-fedged Islamic

    bank wholly-owned by HSBC

    Bank Malaysia, commenced

    operations in August 2008.

    HSBC Bank Malaysias ability

    to combine international

    expertise with in-depth local

    knowledge and experience

    place us in a unique position

    to serve customers domestic

    and international needs. HSBC

    Amanah Malaysia and HSBC

    Amanah Takaul complement

    the Bank by providing a wide

    range o Islamic nancial

    solutions and Takaul coverage

    or both retail and corporate

    customers.

    As at 31 May 2012, HSBC in

    Malaysia has a network o

    58 branches nationwide, o

    which 16 are Islamic nance

    branches.

    Corporate Sustainability

    For HSBC, being sustainable

    means managing our business

    or the long term. That means

    achieving sustainable prots

    or our shareholders, building

    long-lasting relationships

    with customers, valuing our

    highly committed employees

    and managing the social and

    environmental impact o our

    business. HSBC has a long-

    standing commitment to

    protecting the environment

    and believes it is undamental

    to a thriving society and

    sound economy upon which

    business depends.

    At HSBC, we are committed to

    reduce the impact o climate

    change on people, orests,

    reshwater and cities, and

    accelerate the adoption o

    low-carbon policies by working

    with local communities,

    governments, businesses,

    environmentalNGOsandour

    employees. In 2005, HSBC

    was the rst bank and

    FTSE100 company tobecome carbon neutral.

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    Banking in Malaysia

    Financial institutions that make

    up the banking system include

    commercial banks, investment

    banks and Islamic banks. They

    orm the primary sources o

    nancing to support economic

    activities in Malaysia. Bank

    Negara Malaysia (BNM) is the

    central bank and is responsible

    or supervising the banking

    system and the insurance

    industry. It also issues the

    Malaysian currency, acts as

    a banker and nancial advisor

    to the government, administers

    oreign exchange control

    regulations, and is a lender o last

    resort to the banking system.

    Comprehensive regulations

    govern the management and

    ownership o banks and nance

    institutions. The principal ones

    aretheBNMGuidelinesand

    the Banking and Financial

    Institutions Act 1989 and

    the Islamic Banking Act

    1983, which cover licensing,

    nancial requirements (e.g.

    liquidity ratio, statutory reserve),

    duties, ownership, control

    and management o licensedinstitutions and restrictions

    on the business activities.

    Subject to other conditions,

    the maximum permissible

    shareholding o an individual

    in a licensed local institution

    is 10%; maximum shareholding

    o a corporation is 20%. All

    acquisition or disposal o

    shareholdings o a licensed

    institution o 5% and above

    require written approval rom

    the Minister o Finance.

    The Minister o Finance, on

    the recommendation o BNM

    may approve exceptions on

    maximum permissible holdings

    in the nancial institutions.

    Under the Banking and

    Financial Institutions Act 1989,

    no licensed institution can

    open any oce in or outside

    Malaysia (to carry out banking

    business) without prior written

    consent o BNM. BNM has

    set the minimum capital und

    requirement o domestic banks

    at RM2 billion.

    There are also other nancial

    intermediaries operating

    parallel to conventional banking

    institutions, which include

    Islamic banks, investment

    banks, oshore banks and

    specialised nancial institutions.

    Commercial banks are the

    main players in the banking

    system. In 1999, the BNM

    initiated a programme or the

    consolidation o the domestic

    banking sector. The objectiveis to create strong domestic

    banking groups that are able

    to meet the demands o

    adverse economic conditions as

    well as uture challenges rom

    globalisation and liberalisation.

    Since then, the banking

    sector has been successully

    consolidated to only 9 anchor

    banks. The anchor banking

    groups provide a wide range

    o nancial services covering

    retail banking and nancing,

    asset management, unit trusts,

    investment banking and even

    insurance services or some

    o the larger ones. In view o

    the challenging and competitive

    banking environment, the

    Governmentcontinuesto

    encourage urther consolidation

    o the banking sector.

    Local fnancing

    Sources o local nancing

    available to business include

    the range o normal banking

    loans and acilities, as well as

    development nance, export

    credit, renancing, Private Debt

    Securities (PDS) market and

    venture capital. Working capital

    nancing is available through

    the commercial banking sector,

    while more specialised needs

    are usually met through the

    investment banking sector.

    Loan availability tooreign investors

    The rules or domestic

    borrowing by non-resident

    controlled companies are ullyliberalised by removing the

    RM50 million limit and the

    3:1 gearing ratio requirement.

    Previously, borrowings o above

    RM50 million and 3:1 gearing

    ratio required the approval

    o the Bank Negara Malaysia.

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    Country overview

    Capital city

    Area and population

    Language

    Currency

    International dialling code

    Major stock exchanges

    Political structure

    Economic statistics

    National Holidays

    Kuala Lumpur

    Area o 330,000 sq km and population o 28 million

    Bahasa Malaysia (ocial language), English, Mandarin, Tamil

    Ringgit Malaysia (RM)

    Country exit code + 60 + City area code + Number

    Kuala Lumpur Stock Exchange (KLSE)

    A ederation with 13 states (11 in peninsular Malaysia and 2

    in Malaysian Borneo) and 3 ederal territories. As a ederation,

    the governance o the country is divided between the ederal

    and the state governments

    GDPfortheyear2011wasRM588.3billionwithagrowthof5.1%

    Scheduled Public Holidays or 2013

    Sources: www.statistics.gov.my and

    www.data.worldbank.org

    New Years Day 1 January

    Mawlid al-Nabi (Birth o Prophet Muhammad) 24 January

    Chinese New Year 9-11 February

    Labour Day 1 May

    Wesak Day (Birth o Buddha) 24 May

    Malaysian Kings Birthday 1 June

    Hari Raya Puasa (End o Ramadan) 8-9 August

    Independence Day 31 August

    Malaysia Day 16 September

    Hari Raya Qurban (Feast o the Sacrifce) 15 October

    Deepavali or Diwali (Festival o Lights) 3 November

    Awal Muharram (Islamic New Year) 5 November

    Christmas Day 25 December

    36

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    Head Ofce

    HSBC Bank Malaysia Berhad

    Address: No 2 Leboh Ampang,

    50100 Kuala Lumpur, Malaysia.

    Phone: +603-2075 3000

    Facsimile: +603-20701146

    Website: www.hsbc.com.my

    3rd Edition: August 2012

    Copyright

    Copyright 2013. All rights reserved.

    PwC and PricewaterhouseCoopers

    reer to the network o member rmso PricewaterhouseCoopers International

    Limited (PwCIL), or, as the context

    requires, individual member rms o the

    PwC network. Each member rm is a

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    as agent o PwCIL or any other member

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    rm is responsible or liable or the acts

    or omissions o any other member rm

    nor can it control the exercise o another

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    any way.

    Theresa Lim, Senior ExecutiveDirector, PricewaterhouseCoopers

    GeneralLine:+603-21731188

    Direct Line: +603-2173 1583

    Email: [email protected]

    http://www.pwc.com/myen

    Contacts

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