April 10, 2025

Labuan, Malaysia - Digitial Financial Services (VASP)

Labuan Money Broking License for Digital Financial Services (Virtual Currency Offering)

Overview:

Labuan, a Federal Territory of Malaysia, is an emerging regulatory hub for digital financial services, including virtual currency trading, derivatives, and forex operations, due to its progressive and business-friendly legal framework. Entities looking to offer virtual assets (e.g., Bitcoin, Ethereum) or related derivatives under a Money Broking License must adhere to specific regulatory, operational, and structural requirements.

License Suitability:

The Labuan Money Broking License with extension for Digital Financial Services (Virtual Assets) is ideal for firms intending to:

  • Operate a Straight-Through Processing (STP) digital trading model.

  • Offer spot exchange and derivative instruments based on virtual currencies and traditional currency pairs.

  • Establish a regulated base for servicing international clients while enjoying low taxation and regulatory flexibility.

Key Licensing Requirements:

1. Incorporation:

  • Incorporate a Labuan company (done after approval of the license application by the LFSA)

2. Experience Criteria:

  • Directors and shareholders must demonstrate 3–5 years of experience in regulated financial services (e.g., FX, crypto exchanges, asset management, or derivative trading).

  • Shareholders must be with verifiable financial and experience track records.

3. Capital Requirements:

  • RM 1,500,000 (~USD 330,000) for businesses offering virtual currencies and derivatives thereof.

4. Local Presence:

  • Minimum of two resident employees (can include outsourced roles).

  • Registered office in Labuan.

  • Local phone line required.

Virtual Currency Permissions (2025 Update):

As of 2025, Labuan-based Money Brokers may:

  • Offer virtual currency spot trading (e.g., BTC, ETH).

  • Offer crypto derivatives (e.g., BTC/USD futures).

  • Operate with offshore clients only, in non-MYR (Malaysian Ringgit) currencies.


Application & Compliance Process:

1. Documentation & Due Diligence:

  • Attested copies of passports and address proof.

  • CVs and proof of experience for directors.

  • Financial statements or proof of funds.

  • Professional and bank reference letters.

  • Business plan, compliance policies, and organizational chart.

2. Regulatory Review & Interview:

  • Attend an interview with the Labuan Financial Services Authority (LFSA).

  • Prepare for questions about governance, internal controls, and digital asset operations.

  • Local support provided throughout interview and bank onboarding stages.

3. Banking Setup:

  • Account opening with banks like Maybank (3–7 weeks).

  • In-person verification required at a Malaysian bank branch.

Taxation & Costs:

  • Corporate Tax: 3% on net audited profits.

  • No taxes on capital gains, withholding tax, or offshore instruments.

  • Minimum annual local expenditure: ~USD 35,000.

  • Annual license renewal fee: ~USD 1,500.

Operational & Ongoing Compliance:

  • Submit audited financial statements annually via a licensed Labuan auditor.

  • Maintain compliance with AML/CFT obligations and reporting standards.

  • Use licensed liquidity providers (including EU, Mauritius, Seychelles, Vanuatu).

Confidentiality:

  • Shareholders’ and directors’ identities are not published on public records, ensuring operational privacy.

Why Choose Labuan for Digital Asset Operations?

  • Access to Malaysian and offshore banks (multi-currency capabilities including USD, AED).

  • Islamic finance options available.

  • Flexible STP model for serving non-resident clients worldwide.

  • Streamlined regulatory path for launching a crypto-centric trading or brokerage firm.

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Book Your Consultation— Take the First Step Towards Legal Solutions