Malaysia Labuan LFSA Currency Brokerage and Digital Currency License Application Guide

Malaysia Labuan LFSA Currency Brokerage and Digital Currency License Application Guide

Currency brokerage business qualification licensed and continuously supervised by LFSA in accordance with Labuan Financial Services Regulations

Labuan currency brokerage business is licensed and regulated by the Labuan Financial Services Authority (LFSA) in accordance with applicable laws. Applicants should confirm the scope of the license based on the actual transaction model, Capital, local substance, managers, AML/CFT, Audit and Continuing Reporting Requirements; Digital assets or other additional businesses cannot be carried out as a matter of course with a currency brokerage license alone. Foreign shareholding and tax treatment must be in accordance with current laws, Judgment of economic substance and tax residence conditions. Hong Kong Huitong can assist in company establishment, feasibility study, Preparation of personnel information and permission documents, However, there is no guarantee of approval time or results..

Release time: Application preparation reference
Hong Kong Huitong service teamApply for support
Document preparation and project coordination
work focus: business needs, Document consistency and matters to be confirmed
Service direction: Business description, Sorting out application materials and ongoing compliance matters
Service Description: Organize disclosure regulatory requirements based on proposed business operations, Material list and project nodes. Involving legal opinions, During audit or professional assurance, The corresponding professionals and service scope should be confirmed separately.; Competent agencies and banks make independent review decisions.
Familiar with the regulatory application process
Professional compliance team
Standardized compliance process
Multi-jurisdictional services

1. The establishment background and statutory regulatory functions of Labuan LFSA license

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Legal background and objectives

Labuan FSA Established on February 15, 1996. Its regulatory goal is to promote Labuan to become an international commercial and financial services center, Orderly management IBFC Port, Ensure all entities comply with compliance regulations internally and in other jurisdictions.

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Asia’s only STP license

The currency brokerage license provided by the LFSA is different from other licenses, It is Asia’s only license issued for straight-through mode (STP)-only services. Brokers who obtain this license can only operate order matching business, Absolutely not allowed to be a counterparty to any order.

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2018Cryptocurrency legalization

Malaysia updated legal framework in 2018, Cryptocurrency regulatory rules adopted. Labuan Investment Holdings is legally allowed to invest and hold financial technology and blockchain intellectual property rights, Own digital assets (e-currencies and tokens) and invest in blockchain funds.

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Extremely high offshore tax advantages

Allows 100% foreign ownership without local partners. Only 3% tax on audited net profits. Interest, management fee, Zero withholding tax on royalties and technology royalties, and exempt from stamp duty, Import and export sales tax and capital gains tax.

Commercial buildings in Labuan Financial Park, Malaysia
Commercial buildings in Labuan Financial Park, Malaysia.

2. Comparison of the statutory thresholds for two core financial licenses under the supervision of Labuan LFSA

Statutory license type Legal minimum capital and annual government fees Foreign exchange trading authority and compliance definition
Currency Broker License
(Money Broker)
The minimum paid-in capital shall not be less than 50 10,000 ringgits (or other equivalent foreign currency); The annual license fee is 5,000 Ringgit. Qualified as an STP Forex Broker. Ensure that the prime broker or liquidity provider is a compliant and regulated institution. The leverage ratio is strictly limited to 100:1, Risk buffering mechanisms such as stop-loss orders must be established.
Investment banking license
(Labuan Investment Bank)
Legal person assets need to be maintained at all times 1000 10,000 ringgit and above; The annual license fee is 80,000 Ringgit. Qualified as MM foreign exchange market maker or liquidity provider. A business summary report and asset description must be submitted within 6 months of the end of the financial year., Strictly regulated at the highest level.

3. [Statutory Compliance Requirements] for Labuan Digital Currency and Fund Management License

Digital Currency Capital and Experience Red Line: Minimum financial proof is $200,000, or paid-up capital of MYR 500,000. The director team has at least 2 years of experience; Must provide evidence of compliance experience in conducting reliable trading operations in other jurisdictions.

Digital Currency National Bank Approval: In order to work legally in Malaysia, Exchangers must submit investment documents to Bank Negara for approval, Provide adequate protection of investor funds, Evidence of compliance with anti-money laundering standards, and confirm the ability to conduct due diligence on customers.

Fund Management License Capital and Insurance: Capital requirement is RM300,000. If assets under management (AUM) exceed RM150 million, Must maintain 0.2% additional capital. Professional indemnity insurance policy coverage of not less than RM1 million must be maintained throughout the operation period.

Special regulations for Islamic funds: If a Labuan fund manager engages in Islamic fund management business, Its operations should also be fully compliant with Sharia law. Income tax on fund management is fixed at 3% per audited account, If you face a loss, you don’t need to pay tax.

Fund management license qualification review: Applicants must have 3 years of capital market work experience, Provide letters of recommendation from creditworthy personnel, Business plan and company financial statements, and must be an approved money management license holder or ISCO(IOSCO)member.

Labuan City Architectural Environment, Malaysia
Labuan City Architectural Environment, Malaysia.

4. LFSA Continuous Compliance Red Line: segregated account, System failures and periodic reporting

Trust isolation and 3-day gold red line: LFSA mandates brokers to absolutely segregate client funds, Not to be confused with broker assets, Create separate accounts and label them clearly. After the customer submits a withdrawal request, Currency brokers must complete the client’s withdrawal process within 3 working days.

System failures must be reported on the 14th: Any intrusion or malfunction discovered regarding system incidents must be reported immediately to Labuan FSA, And it is mandatory to submit an in-depth analysis report on the cause of the failure and system impact within 14 days..

Stringent periodic reporting obligations: Investment banks and currency brokers are required to submit copies of audited financial statements within 6 months of the end of each financial year; Maintain transaction records and monthly client funds records, and annual financial audit by Labuan certified external auditors.

Transaction ban on domestic residents: Except for authorized dealers approved by the Malaysian Exchange Control Board, Qualified investors are absolutely prohibited from conducting foreign exchange or digital currency transactions with local residents of Malaysia..

Parent company’s absolute liability commitment: When applying for a license, A statutory commitment letter issued by the headquarters/parent company must be submitted, Expressly undertake to assume all financial and legal liabilities arising from the day-to-day operations of its branches or subsidiaries in Labuan.

5. Obtain the official approval of Labuan LFSA license in Malaysia [Panorama Process]

step 1: Labuan Corporation Formation and Due Diligence (About 1-2 months)

Conduct due diligence and guidance on document preparation. Register a Labuan Company, The name must be registered in English (Chinese names are not accepted). Provide scanned copies of passports and address proof of directors and shareholders, and appoint a local director and secretary.

step 2: Writing a business plan and anti-money laundering manual

Assist in writing feasibility study reports based on customer information. Develop a dedicated three-year business plan, financial forecasts, market strategy, and extremely strict KYC, Operations and AML/CFT Compliance Manual.

step 3: Formal submission of application form and legal materials

Official submission of license application form to Labuan FSA, Attached are the resumes of all directors, Letter of introduction from lawyer/auditor, Audited accounts for the past two years (if any) and bank deposit slips confirmed by shareholders.

step 4: Official in-depth review and executive interviews (About 40-60 working days)

Submit and oversee the entire application process. The LFSA may require face-to-face meetings with key personnel to clarify certain processes. The entire official approval process takes approximately 40 to 60 working days, Depends on material completeness.

step 5: Open an account, Paid-in capital and compliance operations started

After the license is approved, Must open a local bank account and deposit 50 Paid-up capital of MYR 10,000 (or equivalent). Establish a fully operational physical office in Labuan, Officially launched compliance managed business.

Labuan coast and geographical environment of Malaysia
Labuan coast and geographical environment of Malaysia.

6. Hong Kong Huitong's one-stop Malaysian Labuan LFSA license agency service

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Labuan Corporation Formation and Due Diligence

Register a wholly-owned company in Labuan, Malaysia for you, Provide local directors, Registered address and secretarial services. A senior compliance team will conduct due diligence on preliminary document preparation for you, Analysis and strict guidance.

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In-depth writing of a full set of compliance documents

Professionally written three-year business plan that meets LFSA requirements, Financial forecast report and anti-money laundering (AML/CFT) operating manual and client agreement that are fully compliant with Bank Negara Malaysia standards.

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Official defense agent and account opening

Fully authorized to submit your license application to the LFSA on your behalf and oversee the entire process. Assist with all official correspondence, Coach and arrange interview meetings with key personnel, Finally, assist in completing capital verification and account opening at a local compliant bank..

7. Core Q&A on Malaysia Labuan LFSA License and Digital Currency Supervision (FAQ)