纳闽基金会注册和管理服务

* Compulsory

* This position equivalent to Company’s Director

• Compulsory appointment
• Minimum One (1), either natural person or corporate entity
• May be residents or non-residents of Malaysia
• May also be one of the beneficiaries

* Compulsory

* This position equivalent to Company’s Shareholder

• Compulsory appointment
• May include individuals, corporate entities, class of beneficiaries or charities and are those who have vested interest in assets of the foundation
• May be residents or non-residents of Malaysia

* Compulsory

* This position equivalent to Company’s Manager

• Compulsory appointment
• Minimum One (1), either natural person or corporate entity
• May be residents or non-residents of Malaysia
• Founder or Beneficiary may be appointed as Officer (but not be a council member at the same time)
• Duties are inter alia to ensure proper administration of the foundation and to carry out decisions of the Council

* Optional

* This position equivalent to Company’s Board of Directors

• Not a compulsory appointment, at the discretion of the Founder (unless foundation that solicits donation from the public)
• May be either natural person or corporate entity
• May be residents or non-residents of Malaysia
• Cannot act as Officer at the same time
• Council is similar to the Board of Directors in a company context. The council is responsible to manage and oversee operations (general supervision) of the management of the foundation by its officer and to ensure compliance by the Labuan foundation and its officer with the charter of the foundation and provisions of the LFA

* Compulsory

* This position Similar to Company Secretary

• Compulsory appointment
• The secretary must be a licensed Labuan Trust Company
• Service provider to the foundation and performs a compliant agent function and acts as a conduit between foundation and Labuan FSA

* Optional

• Not a compulsory appointment
• Compulsory for foundation that solicits donation from the public.
• Role to monitor the Council’s decision, power to add or remove Officers, Council members etc.

• Mandatory to maintain a registered office within Labuan Island
• The registered address must be the address of the trust company

• No capital requirements as a foundation does not have share capital.
• Minimum endowment of USD 1.00 as an initial asset at time of establishment.

• It is a legal entity, it can enter into contracts, buy and sell properties, own bank accounts or own shares or interest in other corporations.

• All Labuan Foundation must be registered with Labuan Financial Services Agency (Labuan FSA)

• May be fixed or infinite life span.

• Expected to continue to operate in currencies other than the Malaysian currency (ringgit) in principle, except as authorized by relevant authorities

• All Labuan Foundation shall comply with the 2001 Anti-Money Laundering and Anti-Terrorism Financing Act 2001

• Property of the Labuan foundation is owned legally and beneficially by the foundation and is to be utilised solely for the purposes and objects stated in the charter of the foundation.
• Property of the Labuan foundation can be Malaysian and/or non-Malaysian property.
• Any assets endowed to a Labuan foundation shall be the properties of such foundation.
• This includes:
  (d.1)   Assets of every kind whether corporeal or incorporeal, tangible or intangible, movable or immovable, however acquired may be endowed to a Labuan foundation; and
  (d.2)   Legal documents or instruments in any form, including electronic or digital, evidencing title to or interest in, such assets as described in the above bullet point including bank cheques, money orders, shares, securities, bonds, bank drafts and letters of credit.

• Labuan foundation for charitable purposes may hold Malaysian property and NEED NOT seek prior approval from Labuan FSA.
• For Labuan non-charitable foundations, including foundations established for the benefits of family members that intend to include Malaysian property must seek prior approval from Labuan FSA.

• Founder can appoint him / herself as director and beneficiary
• Founder can have rights and authority in the foundation’s or foundation’s Charter and Article

• Assets are being transferred from the founders to the foundation before the obligee’s cause of action arises
• Assignment of assets shall be 2 years from the date of establishment
• The founder him / herself does not go bankrupt by transferring the asset from the founder to the foundation
• Assets being transferred without intention to fraudulently deceive creditors

• Accounting books must be kept within Labuan Island
• Must endeavor to be available at all times for auditing and viewing by executives

• Possible. A foundation founded in another country (region) can change the home base of Labuan registered -> foreign nationality, foreign nationality -> Labuan nationality as long as jurisdiction of another country is permitted

• The Foundation has been established for a certain period and its period has expired
• When the objectives of the foundation have been achieved or impossible
• Dissolution is required under the Charter

After dissolution, the ownership of the remaining assets will be transferred to the beneficiary