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| Foreign Investments In Malaysia Policy on equity participation, including foreign equity participation is under prescribed guidelines issued by the Foreign Investment Committee empowered with oversight of policy matters. The policy aims to bring equity participation of ownership to the extent of at least 70% by Malaysians, including at least 30% by Bumiputra. The policy guidelines apply to: -any proposed acquisition by foreign interests of substantial fixed assets in Malaysia -any proposed acquisition of assets or any interest, mergers or take-overs of companies and businesses in Malaysia which will result in ownership or control passing to foreign interests -any proposed acquisition of 15% or more of the voting power by any one foreign interest or associated group or by foreign interests in the aggregate of 30% or more of the voting power of a Malaysian company -control of Malaysian companies through any form of joint-venture agreement, management agreement or other arrangements -any merger or take-over of any company or business in Malaysia whether by Malaysian or foreign interests --any other proposed acquisition of assets or interests exceeding in value RM5 million, whether by Malaysian or foreign interests. |
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| Foreign Employment Limitations It is the government policy to see that Malaysians are eventually trained and employed at all levels of employment. Foreign companies are allowed to bring in personnel in areas where there is a shortage of trained Malaysians. In addition, foreign companies are allowed certain key positions to be permanently filled by foreigners. (1) Any company with foreign paid-up capital of US$2 million and above will automatically be allowed five expatriate positions including key posts. Additional expatriate positions can be considered if deemed necessary. (2) If foreign paid-up capital is less than US$2 million, expatriate positions will be considered on the following basis -Key positions can be considered where the foreign paid-up capital is at least RM500,000, with the number of key positions dependence on merits of each case; -For executive posts which require professional qualifications and practical experience, expatriates may be employed up to maximum of 10 years subject to Malaysians being trained to eventually take over the posts; -For non-executive posts which require technical skills and experience, expatriate can be employed for maximum of five years subject to Malaysians being trained to eventually take over the posts. Application for Expatriate Positions Application for expatriate positions can be submitted to the Malaysian Industrial Development Authority (MIDA) at the same time as the company's application for approval of the project. This procedure applies to expatriate personnel required by the following: -All companies which propose new projects; -All existing companies which propose to manufacture additional products (diversification of products); -All existing companies which propose to expand their production capacities (expansion of projects). |
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