Labuan Public Fund

Introduction

Labuan mutual fund as governed under Part III of the Labuan Financial Services and Securities Act 2010 (LFSSA).

About Labuan Public Fund

Labuan public funds are those whose securities are offered for subscription to any member of the general public. Labuan public funds may commence business after being registered with the Labuan Financial Services Authority (Labuan FSA) with an approved prospectus of the public fund.

Legal Requirements

Categories

Entity Requirements

The entity making the application is an Labuan company under Labuan Financial Services and Securities Act 2010 (LFSSA) Company includes:
a) Company;
b) LLP;
c) PCC
d) Any other similar body formed under the laws of Labuan

Director’s Requirements

The license will need at least 2 (two) natural person Fit and Proper Directors of any jurisdiction.

Shareholder requirements

• The Public Fund will need at least one shareholder.
• Corporate shareholding is allowed and 100% foreign ownership is permitted.

Compliance Officer

The License must establish and maintain an appropriate and effective compliance function within the firm which operates independently of all operational and business line functions and senior or supervisory management.

Custodian

No person shall carry on business as a custodian of a public fund unless it is a:
a) Bank License
b) Labuan Trust Company
c) A qualified and authorised trustee or custodian of public funds under the laws of any recognised country or jurisdiction and has received written permission from the Authority to carry on business as a trustee or custodian of a public fund.

fund manager

a) A Labuan company who has been granted a licence to act as a fund manager.
b) A qualified and authorised manager of mutual funds under the laws of any recognised country or jurisdiction.
c) A bank license.
d) A fund manager who is carrying on fund management activities in relation to a public fund

Auditor

The License, within one month after becoming licensed, The Authority may approve any person to be an approved auditor.

fund administrator




Ongoing Obligations

• Annual obligations: Maintain such accounting records and financial statements available for examination by the Registrar or any person authorized under his hand at its principal place of business or registered office in Labuan;
Notify Minister within a reasonable period of any of the following changes
• Changes in any Key Functionary in the Fund.
• Change in the registered office address
• Change of its agent in Labuan
• Change in name or address of-
  • each director of the fund, if the fund is a company
  • each trustee of the fund, if the fund is a trust
  • Each general partner of the fund, if the fund is a limited partnership.
  • Appointment, resignation or removal of a Director or officer