Form LIB - FINAL
Form LIB - FINAL
Form LIB - FINAL
IMPORTANT NOTES
1. The completed application form and supporting documents should be submitted to:
Head of Business Operations Unit
Labuan Financial Services Authority
Level 17, Main Office Tower
Financial Park Complex
Jalan Merdeka
87000 Labuan F.T.
Malaysia
2. Applicant may also submit a soft copy of the completed application form and supporting
documents via email to [email protected] for preliminary review by the officer.
3. Submission of application which does not comply with Labuan FSA’s requirement or which
are unsatisfactory may be returned.
4. The form and supporting documents serves as general requirement of the application,
Labuan FSA reserves the right to request for additional information and/or documents to
support the application.
5. Any information supplied pursuant to this form will be dealt with in confidence in
accordance with Section 178 of the Labuan Financial Services and Securities Act
2010/Section 139 of the Labuan Islamic Financial Services and Securities Act 2010.
6. Documents may be certified by any authorised person including, but not limited to,
commissioner for oaths, notary public, certified public accountants, advocates or solicitors,
company secretaries and Malaysian/foreign embassies. Copy of bank statements must be
certified by the bank. Where documents are not in the national language of Malaysia or in
English, please provide English-translated version of the documents, duly
certified/notarized.
7. This document belongs to Labuan FSA, no modification or tampering with the format or its
contents is permitted.
8. Labuan FSA has a whistle blowing policy in place where suppliers, consultants or even
members of the public can report to the Designated Officers in writing as per the Whistle
Blowing Disclosure Form if there is any element of wrongdoings by any staff of Labuan
FSA or its subsidiaries in relation to the application or licence being awarded.
9. For details of applicable legislations and guidelines pertaining to insurance and insurance
related business, please visit our website at www.labuanibfc.com.my.
Website Newspaper/Media
Others: _______________________
(please specify)
Yes No
1 With the exception of the applicant’s shareholder/head office, party responsible for submission of application is
required to submit the duly completed Statutory Declaration as attached in Appendix I.
2 Labuan IBFC Inc. Sdn. Bhd. was incorporated in July 2008 as the sole official Malaysian agency authorised to
promote, market and develop the benefits of Labuan IBFC as the premier international business and financial centre
in Asia Pacific.
Sections 78 and 79, Labuan Islamic Financial Services and Securities Act 2010
PART I : PROFILE OF APPLICANT
Important: All fields are mandatory and should not be left blank
Name of Applicant
a. (Refers to the proposed Labuan
company)
Conventional Takaful
Reinsurance / Retakaful:_______________
(please specify Life or General)
Type of Licence Applied Captive:___________________
b.
(Please tick (√) the appropriate box) (please specify type of captive and structure e.g. Protected Cell
Company structure )
Broker:____________________
(please specify Life, General or Composite)
Insurance Manager
Underwriting Manager – Lloyds’ Syndicate
Sections 78 and 79, Labuan Islamic Financial Services and Securities Act 2010
PART I : PROFILE OF APPLICANT
Important: All fields are mandatory and should not be left blank
Proposed Paid-up
e. Capital/Working Fund
(Please specify currency used)
Proposed Shareholder(s)
g. (Each of shareholder is required to
complete Part II and/or Part III)
Name of Directors/
Nationality Position to be Held
Principal Officer
Years of Experience In
Name of Advisor(s) Nationality
Islamic Financial Business
3The number of proposed directors must be in accordance to the Prudential Framework of Corporate Governance for
Labuan Insurance and Insurance-Related Companies.
b. Company Address
Total Profit/(Loss)
Year Total Assets
Liabilities Before Tax
Financial Performance
(Please specify currency and amount
i.
for the latest (3) three years Audited
Financial Statements)
Country of Percentage of
Name of Shareholder(s)
Origin Shareholding(s)
j. Shareholder(s)
Nature of
Name of Director(s) Nationality Appointment
(executive or non-
executive)
k. Board of Director(s)
a. Salutation
Name
b. (as per NRIC/passport)
Please tick (√) if the individual is a PEP
Date and Place of
c.
Birth
e. Nationality
Old IC No.:
NRIC Details
f.
(for Malaysian) NRIC No.:
Passport No.:
Expiry Date:
Country of Issue:
No Yes
(please provide certified true
copy of the work permit)
Section A: Education(s)
Name of School/College/
Type of Qualification/ Certification Year Qualification Obtained
University/Others
Date
(dd/mm/yy)
Name of Employer Designation Key Areas of Responsibilities
From To
a. Position to be held
b. Salutation
Name
c. (as per NRIC/
passport) Please tick (√) if the individual is a PEP
f. Nationality
Old IC No.:
NRIC Details
g.
(for Malaysian) NRIC No.:
Passport No.:
Expiry Date:
Country of Issue:
Issuing Authority:
Passport Details
h.
(for Non-Malaysian) Length of residence in Malaysia:
No Yes
(please provide certified true
copy of the work permit)
i. Curriculum Vitae of Director/Principal Officer/Shariah Advisor
Date
(dd/mm/yy)
Name of Employer4 Designation Key Areas of Responsibilities
From To
Place of Date of
Name of Corporation Nature of Appointment
Incorporation Appointment (executive or non-executive)
(dd/mm/yy)
RSON
4 If the position applied for requires approval from relevant authority, please give detail of the approving authority
(applicable to current employment only).
a. Objective of Establishment
Target Market %
Target Market
c. (to specify whether it is individual and/or Individual
corporate client and the percentage) Corporate Client
Territorial Scope %
Territorial Scope
d.
(to specify the country and percentage)
e. Marketing Strategy
Non- Expected
Category Malaysian Total
Malaysian Remuneration
(a) Managerial &
Professional
(b) Technical &
Supervisory
(c) Production /
Operation
f. Proposed Manpower Planning Workers
- Skilled
- Unskilled
(d) Clerical &
General
Workers
Total
(a)+(b)+(c)+(d)
Ordinary Life
The Composition of Life Insurance Ordinary Life and Investment-
a. Linked
(Please tick (√) the appropriate box)
Others
b. Retention level
c. Reinsurance arrangement
iii) Additional Information for Applicant Undertaking General Insurance Business (include captive insurance
business)
Fire
Marine
Engineering
Class of insurance Motor
a.
(Please tick (√) the appropriate box)
Accident
Miscellaneous
Others
c. Reinsurance arrangement
Insurance
Type of broking business
a. (Please tick (√) the appropriate box) Reinsurance
Financial Advisory
Pure Underwriting
Type of services
a. (Please tick (√) the appropriate box) Administration Services
Both Underwriting and Administration Services
Name of syndicate
b.
(for Lloyds’ Syndicate only)
Underwriting capacity
c. (e.g. the authorized amount that given to the
underwriter to underwrite)
Fire
Marine
Engineering
Class of insurance
e. (applicable to underwriting manager providing Motor
pure underwriting services)
Accident
Miscellaneous
Others
Currency:
INCOME
Gross earned premiums on insurance
contracts
Less: Reinsurers’ share of gross premiums
on insurance
Investment income
Total Income
Commission expenses
Tax
ASSETS
Non-current assets
Current assets
Total Assets
LIABILITIES
Total Liabilities
SHAREHOLDERS’ FUNDS / HEAD
OFFICE ACCOUNT
Other reserves
Total Shareholders’ Funds / Head Office
Account
Note:
1. Please ensure the three years projection is realistic and reasonable.
2. Please provide basis of assumption in deriving to the projected figure.
3. The above information is a guidance for the applicant to complete the financial projection.
5
This is applicable for applicant who are regulated by its home supervisory authority
Appendix I
[Date]
The Director General
Labuan Financial Services Authority
Level 17, Main Office Tower
Financial Park Labuan, Jalan Merdeka
87000 Federal Territory of Labuan
Malaysia
Dear Sir,
LETTER OF GUARANTEE
The application by [name of applicant], a subsidiary of [name of shareholder] to Labuan FSA
dated [date] for a licence to carry on Labuan [type of licence] business under the provisions of the
Labuan Financial Services and Securities Act 2010/Labuan Islamic Financial Services and
Securities Act 2010 [delete whichever not applicable] (hereinafter referred to as “the Act”) refers.
We, being the shareholder, do hereby irrevocably and unconditionally guarantee and undertake
in respect of [name of applicant]’s Labuan [type of licence] business, that during validity of [name
of applicant]’s licence and its operation in Labuan IBFC, it shall comply with the following:
a. The financial obligations and requirements imposed under the Act on it and shall meet
it’s liabilities in respect of its Labuan [type of licence] business.
b. The requirement to obtain a prior written approval from Labuan FSA for:
i. any change of [name of applicant]’s shareholder who holds ten percent centum
or more of its paid up capital.
ii. any appointment of [name of applicant]’s director and principal officer, whom
shall be of a fit and proper person.
iii. any amendment or alteration to any of [name of applicant]’s constituent
documents.
___________________
[Name]
Director
Appendix II
Letterhead of Head Office
[Date]
The Director General
Labuan Financial Services Authority
Level 17, Main Office Tower
Financial Park Labuan, Jalan Merdeka
87000 Federal Territory of Labuan
Malaysia
Dear Sir,
LETTER OF UNDERTAKING
The application by [name of applicant], a branch of [name of head office], to Labuan FSA dated
[date] for a licence to carry on Labuan [type of licence] business under the provisions of the
Labuan Financial Services and Securities Act 2010/Labuan Islamic Financial Services and
Securities Act 2010 [delete whichever not applicable] (hereinafter referred to as “the Act”) refers.
We, being the head office, do hereby irrevocably and unconditionally undertake in respect of the
[name of applicant]’s Labuan [type of licence] business, that during validity of [name of applicant]’s
licence and its operation in Labuan IBFC, it shall comply with the following:
a. The financial obligations and requirements imposed under the Act on it and shall meet it’s
liabilities in respect of its Labuan [type of licence] business.
b. The requirement to obtain a prior written approval from Labuan FSA for any appointment
of [name of applicant]’s principal officer whom shall be of a fit and proper person.
c. The requirement to notify Labuan FSA in writing within three months after the date of:
i. any change of [name of applicant]’s shareholder who holds ten per centum or more
of its paid up capital.
ii. any appointment of [name of applicant]’s director, whom shall be of a fit and proper
person.
iii. any amendment or alteration to any of [name of applicant]’s constituent documents.
d. The requirement to immediately notify Labuan FSA of any amendment or alteration to any
information which had been furnished to Labuan FSA in connection with the application
for the Labuan [type of licence] licence.
We shall when so demanded in writing by Labuan FSA, on first demand, make good, meet and
honour the above requirements including, but not limited to, paying such sum of money in
satisfaction of such financial obligations, requirements and liabilities to the extent they are
properly due in such currency as may be specified by Labuan FSA, and on the basis such
payments extinguish such financial obligations, requirements and liabilities of [name of applicant]
and the head office.
Yours faithfully,
For and on behalf of
[Name of head office]
___________________
[Name]
Director
Appendix III
[Date]
Dear Sir,
LETTER OF GUARANTEE
The application by [name of applicant], to Labuan FSA dated [date] for a licence to carry on
Labuan [type of licence] business under the provisions of the Labuan Financial Services and
Securities Act 2010/Labuan Islamic Financial Services and Securities Act 2010 [delete whichever
not applicable] (hereinafter referred to as “the Act”) refers.
a. The financial obligations and requirements imposed under the Act on it and shall meet it’s
liabilities in respect of its Labuan [type of licence] business.
b. The requirement to obtain a prior written approval from Labuan FSA for:
i. any change of the [name of applicant]’s shareholder who holds ten per centum or
more of its paid-up capital.
ii. any appointment of [name of applicant]’s director and principal officer, whom shall
be of a fit and proper person.
c. The requirement to immediately notify Labuan FSA of any amendment or alteration to any
information which had been furnished to Labuan FSA in connection with the application
for the Labuan [type of licence] licence.
I shall when so demanded in writing by Labuan FSA, on first demand, make good, meet and
honour the above requirements including, but not limited to, paying such sum of money in
satisfaction of such financial obligations, requirements and liabilities to the extent they are
properly due in such currency as may be specified by Labuan FSA, and on the basis such
payments extinguish such financial obligations, requirements and liabilities of [name of applicant].
Yours faithfully,
___________________
[Name of shareholder]
[NRIC or Passport No.]
Appendix IV
I, ……………………………………………..NRIC/Passport No:……………………………….., a
proposed director/principal officer of…………………………………………………..(name of the Labuan
company), do hereby solemnly and sincerely declare that:
1. I have read Section 4 of the Labuan Financial Services and Securities Act 2010
(LFSSA)/Section 4 of the Labuan Islamic Financial Services and Securities Act 2010
(LIFSSA) and the Guidelines on Fit and Proper Person Requirements issued on 11
February 2014 (the Guidelines).
2. to the best of my knowledge and belief in making this declaration and/or submitting the
attached documents in relation to this declaration, that I am a fit and proper person
based on the criteria stated under the said Section 4 of LFSSA/Section 4 of LIFSSA and
the Guidelines.
3. the information given in this declaration and in the attached documents (if any) are
accurate, true and complete.
4. I understand that if it is found that I have made false declaration herein and/or in the
attached document (if any), Labuan FSA is entitled to take any legal action including
disqualifying myself from acting in the capacity expressly mentioned herein.
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the
provisions of the Statutory Declaration Act 1960 / ……………………………………………...(please
state any other relevant provisions).
Before me,
…………………………..
(Commissioner for Oaths/Notary Public)
Appendix V
I……………………………………………………..NRIC/Passport No:…………….......................................
the …………..…………………….………(position in the applicant’s shareholder/head office)
of……………………….......................................................................................(name of the applicant’s
shareholder/head office), do hereby solemnly and sincerely declare that:
1. all information submitted in this application including all attachments, forms, documents and
forwarding letters are:
a. submitted pursuant to the provisions of Sections 103 and 104 of the Labuan Financial Services
and Securities Act 2010 (LFSSA)/Sections 78 and 79 of the Labuan Islamic Financial Services
and Securities Act 2010 (LIFSSA).
b. accurate, true and correct and that all estimations provided are fair and reasonable.
2. I am aware that if I make any misrepresentation herein this application, it is an offence punishable
pursuant to Section 192 of the LFSSA/ Section 152 of the LIFSSA.
3. a printed signed copy of this application which reflects the same information provided in this
application is being kept at the office of my principal or our appointed Labuan trust
company/Labuan insurance manager/Labuan underwriting manager being the agent approved
by Labuan FSA.
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the
provisions of the Statutory Declaration Act 1960 / ……………………………………………...(please state
any other relevant provisions).
Before me,
…………………………..
(Commissioner for Oaths/Notary Public)
Appendix VI
1. I have conducted due diligence process on…………………………. (name of applicant) and on its
director(s) and shareholder(s) and other persons or companies that involved and related to the
application and satisfied with the result thereof.
2. I am satisfied that the requirements of all legislations and applicable guidelines including but not
limited to Guidelines on Fit and Proper Person Requirements and Anti-Terrorism Financing and
Proceeds of Unlawful Activities Act 2001in respect of the above application have been complied
with.
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the
provisions of the Statutory Declaration Act 1960 / ……………………………………………...(please state
any other relevant provisions).
Before me,
…………………………..
(Commissioner for Oaths/Notary Public)