Labuan & Cross Border Transactions
Within Malaysia itself, Labuan remains an important midshore jurisdiction providing a wide range of business and investment structures for cross-border transactions and international business dealings, and hence is an important part of our practice. We have extensive experience advising Malaysian and foreign clients on the business, practice and regulatory framework of Labuan including the following:
- the establishment of Labuan companies;
- the setting up of Labuan based funds;
- the establishment of financing conduits undertaking international debt capital market issuances out of Labuan;
- the setting up of protected cell companies;
- listings of debt instruments on the Labuan Financial Exchange;
- the issuance and listing of digital tokens in Labuan; and
- the transfer of assets between Labuan financial institutions pursuant to merger exercises.
Other Cross-Border Work
Our partners have extensive experience advising foreign-based businesses in various sectors such as financial services, retail, manufacturing, healthcare and construction, on the legal issues involved with entering and developing a market for their services and products in Malaysia and, on occasion exiting Malaysia. Conversely, our partners have also, with the assistance of our foreign counterparts, advised numerous Malaysian clients seeking to expand their business operations into other jurisdictions. In particular, to see our experience on India, China, Japan, Korea and Southeast Asia, please refer to our Foreign Desks section.
Our Deal Experience:
- Advised a Malaysian consortium on their 200mw gas fired power plant investment in Pakistan including advising on the IA, PPA and shareholder matters, negotiating and finalising documents in Islamabad and Karachi.
- Advised a Malaysian technology company on their 250mw power generation facility at Kilo-X, Khartoum, Sudan including negotiating and concluding the definitive agreements and other related agreements in Khartoum, Cairo and in Kuala Lumpur.
- Advised a Malaysian company together with Rolls-Royce on their 225mw power generation facility at Garri-III in Sudan including negotiating the PPA, EPCC, OMA and shareholder matters.
- Advised a Malaysian energy company on their 400mw (Maabar) and 750mw (Banha) gas fired power generation plants in Yemen including advising on the PPA and shareholder matters, and conducting negotiations in Saana, Yemen.
- Advised a Malaysian client on its 100mw power generation plant in Mauritius including attending negotiation meetings on the IA, PPA, EPCC, OMA, SHA and other project agreements in Port Louis, Kuala Lumpur, Hong Kong, Shanghai and Beijing.
- Advised a Malaysian utility provider on its potential investment in a 250mw power generation plant in Senegal.
- Advised a Malaysian investor on the IA, PPA and shareholder issues on its 300mw power generation plant in Tajikistan.
- Advised on a joint venture and technical assistance arrangement between a Malaysian company and Impregilo SpA of Italy in relation to railway infrastructure works.
- Advising on the shareholders’ agreements between a Malaysian company and German and Japanese parties for the setting up of manufacturing plants in Malaysia.
- Advised on the collaboration agreements among 2 Malaysian companies and various international parties for the sharing and transfer of technology.
- Advised a Malaysian company and Delcom Cambodia Pte Ltd, in relation to the development by Cambodia Utilities Pte Ltd, of a 33 MW diesel-fired power plant in Cambodia (including assisting in the development and negotiation of the PPA, the main construction contract and various agreements for equipment and supply and maintenance works).
- Advised on a joint venture agreement between a Malaysian semiconductor company and Advanpack Solutions Pte Ltd, Singapore, to establish and operate a company in Malaysia that will be engaged in pillar bumping and packaging of semiconductor devices.
- Advised on the acquisition of banks in Switzerland and the British Virgin Islands by a Malaysian company.