A Labuan insurance and insurance related company in Labuan IBFC is governed by Part vii of Financial Services & Securities Act 2010. A Labuan insurance broker may establish a takaful broking window and no separate licence is required.
Labuan insurance broker” means a person who is licensed to -
- arrange Labuan insurance business on behalf of prospective or existing policy owners;
- arrange Labuan reinsurance business on behalf of any insurer seeking reinsurance; or
- analyse the financial circumstances of another person and provides a plan to meet that other person’s financial needs and objectives, whether or not a fee is charged in relation thereto
APPLICATION FOR LICENCE
Application for a licence to carry out Labuan insurance broking activities can be made to the Director General of Labuan FSA.
Kensington Trust Labuan Limited is a licensed trust company in Labuan and is able to assist you with license application, establishment and administration of your Labuan company or branch.
APPROVED AND RESTRICTED BUSINESS ACTIVITIES
(1) APPROVED ACTIVITIES
- Direct insurance business
- Life insurance
- Reinsurance business
(2) RESTRICTED ACTIVITIES
The Labuan insurance broking company is prohibited from dealing with residents (except for high net-worth individuals, reinsurance and others as defined by Labuan FSA from time to time) and broke for direct Malaysian risks.
“High net worth individuals” in the above context are defined as persons who spend an equivalent of not less than RM20,000 in any foreign currency on single premium policy or an equivalent of not less than RM15,000 per person in any foreign currency on annual premium policy.
LABUAN IBFC TAX SYSTEM
“Labuan trading activity” includes banking, insurance, trading, management, licensing, shipping operations or any other activity which is not a Labuan non-trading activity. The Labuan entity shall pay either 3% of net profits as per audited accounts OR RM20,000/- upon election annually.
OPERATONAL REQUIREMENTS OF THE LABUAN INSURANCE BROKING COMPANY
- A minimum paid-up capital unimpaired by losses of RM300,000 or its equivalent in any foreign currency or a net working fund of at least RM300,000. The working capital is to be maintained in an account with a bank in Labuan.
- Must have a professional indemnity insurance coverage of not less than RM2.5 million or its equivalent in any foreign currency or such other higher amount as may be specified and shall remain indemnified under such policy throughout its operation in Labuan.
- The person in control or director or principal officer of the Labuan insurance broking company must be a fit and proper person. It must maintain at least two (2) directors.
- The Labuan insurance broking company must maintain a registered office in Labuan and have at least one resident secretary.
- A Labuan insurance broking company can be managed by a management company licensed in Labuan instead of establishing its own office. The entire administration can therefore be handled by the insurance manager which has the facility to reduce administration costs to the minimum and relieves management of the overhead cost running an office and human resources.
- The Labuan insurance broker can establish a marketing office in Kuala Lumpur and/or Johor Bahru or co-located office in Malaysia.
- A Labuan insurance broker can handle the reinsurance of domestic insurance business, including the reinsurance of domestic business transacted in Ringgit Malaysia.
- A Labuan insurance broker can choose the principal currency in which they will operate and maintain in the accounting records.
LABUAN FSA INSURANCE BROKING LICENCE FEE
License processing fee
Annual license fee
The annual license fee is payable when the license is approved by Labuan FSA and remains valid until 31 December of the year of approval. Subsequent annual license fee is payable on or before 15 January of each calendar year