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外汇政策快速指南

Investment by Resident Entity in Foreign Currency Asset

Investment by Resident Entity (RE)

  •  A RE without Domestic Ringgit Borrowing (DRB)1 is allowed to invest in foreign currency (FCY) asset up to any amount.
  •  A RE with DRB1 is allowed to invest in FCY asset:

1)  up to any amount using FCY funds from:

    • outside Malaysia except proceeds of Export of Goods (PEG);
    • an approved borrowing in FCY in accordance with Part B of Foreign Exchange Policy (FEP) Notice 2; and
    • a borrowing in FCY from a Licensed Onshore Bank (LOB) for Direct Investment Abroad (DIA)2.

2) up to RM50 million equivalent3 in aggregate per calendar year using FCY funds sourced from:

    • Conversion of Ringgit (RM) into FCY;
    • Trade Foreign Currency Account;
    • A borrowing in FCY from a LOB for purposes other than DIA; and
    • Swapping of a RM-denominated financial asset in Malaysia for a financial asset in Labuan Entity or outside Malaysia.

 

1

any borrowing in RM obtained by a resident from another resident or any obligation considered or deemed as DRB under the FEP

Kindly visit Bank Negara Malaysia’s website at https://www.bnm.gov.my/fep > Preamble & Interpretation to view the detailed definition of BORROWING and DRB

2

(a)

an investment in FCY Asset Offshore by a Resident resulting in at least 10% equity ownership or control of a Non-Resident (NR) Entity outside Malaysia or a Labuan Entity

 

(b)

an inter-company lending by a RE to a NR Entity within the RE’s Group where the NR Entity is outside Malaysia or a Labuan Entity; or

 

(c)

a capital expenditure by a Resident investor in an unincorporated Entity outside Malaysia or a project outside Malaysia by an agreement with no establishment created, where the Resident investor:

 

 

(i)

contributes capital of at least 10% of the cost of the project;

 

 

(ii)

is entitled to at least 10% of profits from the unincorporated Entity or project; or

 

 

(iii)

has management control of the unincorporated Entity or project

3

computed in aggregate based on the RE and other RE with parent-subsidiary relationship’s investment in FCY Asset

 

(a)

the RE is deemed to have DRB when another RE with parent-subsidiary relationship has a DRB; and

 

(b)

the following shall not be considered as DRB:

 

 

(i)

a borrowing obtained by a RE from another RE within its group of entities with Parent-Subsidiary relationship;

 

 

(ii)

a borrowing obtained from its Direct Shareholder; or

 

 

(iii)

·   any facility including credit facility or refinancing facility which is used for Sundry Expense or Employees’ Expenses only.

·   “Sundry Expenses” refers to small and infrequent expenses for office supplies (e.g. stationaries), ancillary services (e.g. software and online subscription) and other minor expenses to facilitate daily business operation.

·   “Employees' Expenses” refers to business-related expenses which may include, but not limited to, travel (e.g. lodging and transportation), entertainment, health, insurance, Takaful and other employees' expenses, excluding investment.