Malaysia legislation

Section 48

of LABUAN LIMITED PARTNERSHIPS AND LIMITED LIABILITY PARTNERSHIPS ACT 2010

Section 48

(2)

Every foreign limited liability partnership shall, prior to establishing a place of business, or carrying on business, in

Labuan, file with the Authority for registration—

(a)

a certified copy of the certificate of its incorporation or registration in its place of incorporation or origin, or a document of similar effect;

(b)

a certified copy of its partnership agreement, if there is any;

(c)

a list of its partners containing the full name and address of each partner and, where any of these persons is a corporation, the place where it is incorporated and its registered or principal office;

(d)

the full name and address of the designated partner or any other person by any name called who shall be charged with the duties and obligations of a designated partner under this Act and, where the person is a corporation, the place where it is incorporated and its registered or principal office;

Act 707

(e)

a memorandum of appointment or power of attorney under the seal of the foreign limited liability partnership or executed on its behalf in such manner as to be binding on the foreign limited liability partnership and, in either case, verified in the prescribed manner, stating the name of a Labuan trust company that is authorized to accept on its behalf service of process and any notice required to be served on the foreign limited liability partnership;

and

(f)

a statutory declaration in the prescribed form made by an officer of the Labuan trust company, and the Authority may, on payment of the prescribed fees, and subject to this Act and any condition which it may impose, register the foreign limited liability partnership under this Part as a recognized limited liability partnership.

(3)

Upon the registration of a recognized limited liability partnership, the Authority shall issue a certificate of registration which shall be signed by the Authority or any of its authorized officers and sealed with its seal.

(4)

A certificate of registration issued under subsection (3)

shall be conclusive evidence that the recognized limited liability partnership has been registered with the Authority.

(5)

Where a memorandum of appointment or power of attorney filed with the Authority under paragraph (2)(e) is executed by a person on behalf of a foreign limited liability partnership, a copy of the deed or document by which that person is authorized to execute the memorandum of appointment or power of attorney, verified by statutory declaration in the prescribed manner, shall be filed with the Authority and the copy shall for all purposes be regarded as an original.

Name of recognized limited liability partnership

Section 48 — AKTA PERKONGSIAN TERHAD DAN PERKONGSIAN LIABILITI TERHAD LABUAN 2010