Labuan International Business and Financial Centre (IBFC) provides a robust yet flexible legal framework for the establishment and management of Labuan Private Funds, offering fund managers and investors a tax-efficient and well-regulated environment.
Labuan private funds are investment vehicles designed for high-net-worth individuals, corporations, and institutions that seek capital appreciation or income from a diversified investment portfolio. These funds are structured to cater to private investors and are not offered to the general public. The key categories of Labuan Private Funds include:
Private Fund for Up to 50 Investors:
A private fund that can have a maximum of 50 investors. Each investor must invest at least MYR 250,000 or an equivalent amount in foreign currency.
Private Fund for Unlimited Investors:
A private fund that allows an unlimited number of investors, provided each investor makes an initial investment of at least MYR 500,000 or its foreign currency equivalent.
A Labuan Private Fund is commonly used by private investors as a flexible hedging and investment vehicle. It allows for the creation of a collective investment pool that can be directed towards various investment objectives, such as:
Equities and shares
Forex and money markets
Commodities
Real estate investments
Land acquisitions
Business projects
Business acquisitions
Development projects
These funds offer diverse opportunities for strategic growth and portfolio diversification.
Regulatory Framework
Labuan Private Funds are governed by Part III of the Labuan Financial Services and Securities (Amendment) Act 2022 or Part IV of the Labuan Islamic Financial Services and Securities (Amendment) Act 2022. These laws ensure that funds are operated in compliance with international standards, offering investors the security and transparency they need.
Types of Investments
These funds can be structured to invest in a range of asset classes such as stocks, bonds, real estate, and equities. Additionally, Labuan funds can be set up as Shariah-compliant funds, ensuring adherence to Islamic principles for Muslim investors.
Cost-Efficient Setup
Labuan IBFC offers a cost-efficient and tax-neutral environment. Investors can benefit from reduced operational costs, including no withholding tax on income distributions and no stamp duty on transactions related to Labuan business activities.
Wide Range of Fund Vehicles
Labuan private funds can be structured using various vehicles including:
Figure 1: Foundation-owned PCC fund
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Establishing a Labuan Private Fund requires submitting a written notification to the Labuan Financial Services Authority (Labuan FSA). The application must include an information memorandum, which serves as a prospectus for investors, providing them with critical information about the fund. The key elements of the information memorandum include:
Investment Strategy: Clear details on investment policies, types of securities, and whether derivatives or unlisted securities will be involved.
Fund Description: An overview of the fund’s structure, target size, and geographical focus.
Key Personnel: Information about the fund manager, custodian, directors, and any Shariah advisors (for Islamic funds).
Fees and Costs: A breakdown of the costs that investors will bear.
Redemption Policy: Clear guidelines on how and when investors can redeem their investments.
Tax Efficiency: Labuan offers a tax-efficient jurisdiction with no capital gains tax and a 3% corporate tax on net profits.
Regulated by Labuan FSA: Investors benefit from a transparent, internationally recognized regulatory environment.
Flexible Structures: Whether you're interested in traditional or Shariah-compliant funds, Labuan offers flexible options for structuring your private fund.
Labuan IBFC provides an attractive, secure, and cost-efficient jurisdiction for setting up private funds. With a wide range of fund vehicles, favorable tax policies, and a well-regulated environment, Labuan is the ideal location for fund managers and investors seeking growth and capital appreciation.
If you are ready to set up your private fund in Labuan IBFC, contact DingerCo today for expert guidance and support throughout the application process. Let us help you navigate the setup, compliance, and ongoing management of your Labuan private fund.