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Company Formation in Myanmar-An Outline

Myanmar is one of the largest south Asian nations. Myanmar is also called the official Republic of the Union of Myanmar. This is among the largest nations present in South East Asia. Myanmar is situated between India, Bangladesh, China and Laos. Company incorporation in Myanmar is very direct, as one needs to invests little time and effort to complete the registration process.

Overview

Myanmar offers an enormous market with about in excess of 50 million occupants. Because of the assorted culture present in the country, young people are the primary populace in Myanmar. This nation is considered as the fastest developing nations in South East Asia. The GDP is assessed to reach 7.5% by 2020. Thus, from the abovementioned, it very well may be seen that Myanmar is one of the fastest flourishing nations in Asia.

Numerous worldwide financial institutions have provided financial assistance for escalating growth and development. This will likewise incorporate the USD 400 million credit offered by the world bank for starting a business within country. Manufacturing and imports are among the major industries available in Myanmar. Larger part of exports incorporates peanut oil, textiles, food and various sorts of plant items.

The Government of Myanmar has withdrawn the requirement of red tape for incorporating companies. Henceforth, Companies can be handily settled. All the incorporation process can be brought out through one procedure. Numerous Special Economic Zones (SEZs) have been laid out in Myanmar to do businesses.

Foreign companies can get various types of advantages by joining in these SEZ. Some of the advantages derived are tax holidays for a particular time, exemption from custom duties on different types of machineries and manufacturing units. No sort of withholding tax is charged on the dividends offered to the company shareholders in Myanmar. Myanmar has gone into different types of twofold taxation treaties with different nations which consists of India, Bangladesh, Malaysia, Indonesia and other south East Asian Countries.

There is plentiful number of natural resources such as gas, oil, copper, gold and different forms of minerals as well as forestry and timber products available in Myanmar. This nation is known as one of the world's most established gas producers.

Advantages of forming company in Myanmar

  • Location- Myanmar is a country consisting different cultures. This is among the largest nations situated in South East Asia. Myanmar is situated between India, Bangladesh, Laos and China. It is probably the largest country in the central area of South East Asia. .
  • Twofold taxation agreements- Myanmar has gone into different types of twofold taxation treaties with different nations which consist of India, Bangladesh, Malaysia, Indonesia and other south East Asian Countries.
  • Natural resources- There are plentiful number of natural resources available in Myanmar which consist of gas, oil, copper, gold and different types of minerals as well as forestry and timber products. This nation is known as one of the world's most established gas producers.
  • Special economic zones (SEZ)- There are numerous SEZ present in Myanmar. Foreign companies can get various types of advantages by consolidating in these SEZ. Some of the advantages derived are tax holidays for a particular time, exemption from custom duties on different types of machineries and manufacturing units. Alongside these zones, the Government of Myanmar has withdrawn the requirement of red tape for incorporating companies. Henceforth, companies can be handily settled.

Qualified business structures for forming company in Myanmar

  • Tax resident LLC- This type of entity is otherwise also called a private limited company. 25% is the corporate tax rate imposed on the profits earned by the company.
  • Representative Office- A representative office would be initiated under the foreign parent Company. Nonetheless, the representative office can do exercises which incorporate market surveying and acts as a communication bridge of the parent Company.
  • Nominee LLC- USD 1 dollar is the minimum paid up capital compulsorily required to establish such entity.
  • Limited Liability Partnership- This is otherwise called an LLP. The individuals of such entity are called partners. The partners are only liable to an extent. The profit and loss is shared among the partners in the ratio decided. Partners would likewise need to settle personal tax.
  • Entirely foreign owned LLC- To establish this kind of entity typically foreign shareholders will be appointed. At least one shareholder needs to be appointed for such entity’s incorporation. 100 percent foreign ownership is taken into consideration for this type of entity. No minimum amount of capital is required to incorporate this sort of company.
  • Local LLC- This is a locally incorporated limited liability company. At least one shareholder needs to be appointed for such entity’s incorporation. 35% foreign ownership is taken into consideration to establish this type of entity. No minimum amount of capital is required to incorporate this sort of company.
  • Joint Venture- It is referred to those entities where a foreign company enters into an agreement with the domestic company to complete various types of business operations. At least two shareholders need to be appointed for such entity’s incorporation. USD 50,000 is the minimum amount of capital which is compulsorily required. Around 80% foreign ownership is taken into consideration to establish this type of entity.
  • Joint stock company (PLC)- This entity is like an entity whose shares are listed in a public stock exchange. At least seven shareholders need to be appointed for such entity’s incorporation. USD 50,000 is the minimum amount of capital which is compulsorily required.
  • Branch Office- A branch office is a simple expansion of a foreign parent company. Branch office can undertake profit making activities. An investor wanting to form a company can establish a branch office in Myanmar. At least one shareholder needs to be appointed for such entity’s incorporation.
  • Representative office- It is a simple expansion of the foreign parent Company. Foreign parent company will be held liable for all the liabilities of the representative office. At least one shareholder is expected to be appointed in this type of entity.

Minimum eligibility criteria for forming company in Myanmar

  • Foreign ownership- An investor going for company formation in Myanmar needs to fulfil the necessary qualification standards. There are various areas in Myanmar which permit 100 percent foreign investment. Up to 35% foreign investment is allowed If an investment is made in a local LLC by a foreign investor. There are also some areas where foreign investment isn't permitted. These areas include-
    1. Defence and Army
    2. Manufacturing
    3. Nuclear weapons
    4. Tour guide business.
  • Registered office in Myanmar- One more prerequisite for company formation in Myanmar is to have a business place registered along with the address of correspondence. This is a compulsory requirement which needs to be met for forming a company in Myanmar. Workplaces can be leased and rented out for certain years. Foreign companies can also rent the premises with authorizations.
  • Minimum Capital- The investor needs to fulfil the criteria of minimum capital of USD 50.000 for company incorporation in the service sector in Myanmar. Also, the same i.e., USD 50,000 is required for establishing a representative or a branch office in Myanmar.
  • Minimum Shareholders- The candidate additionally needs to get the criteria of the minimum shareholders appointed in order to establish a company in Myanmar. Normally, an LLC requires the appointment of at least onse shareholder.

Process for company formation in Myanmar

Directorate of Investment and Company Administration (DICA), a secretariat of the Myanmar Investment Commission (MIC) carry out the company registration procedure. Myanmar Companies Law, 2017’s provisions would be binding up on all companies formed in Myanmar, may be domestic or foreign. The accompanying process must be taken on for forming a company in Myanmar-

  • Name reservation- Above all else, the candidate needs to decide up on the type of business to be commenced in Myanmar. Then the name of the business should be considered. The name chose should be unique and different addressing the activities performed out by the company.
  • Business incorporation certificate- Subsequent to picking the name, the candidate needs to seek a business incorporation certificate. The application along with the required documents should be submitted to the DICA.
  • Recording and signing application- When the documents are presented, the authority would give an impermanent trade registration number. You would need to document more forms to complete the registration procedure.
  • Fees’ payment-The candidate would need to pay the fee charged for company formation in Myanmar.
  • Opening corporate bank account- When the company is incorporated, the candidate would need to open a corporate bank account and deposit some money to conveniently carry out the business activities.
  • Post prerequisites- Capital must be invested by the candidate into the company. With this the company tasks would initiate. The candidate would need to likewise apply for an official company seal.

Adherences for forming company in Myanmar

  • Corporate tax- 25% is the corporate tax imposed in Myanmar.
  • Yearly general meetings- All companies in Myanmar would need to conduct yearly regular meetings at least once every year.
  • Different registrations-Enlisting with the Myanmar Investment Commission and the DICA are the mandatory requirements which have to be met by companies.

Documents needed

Documents needed for provisional registration
  • Form A under Companies Regulation 1957
  • Articles of Association
  • Memorandum of Association
  • Questionnaire form
  • Business operations carried out
  • Estimated expenditure of the very first year
  • Financial statement of the company
  • Board resolution
  • Visa and Passport of foreigners
  • Documents needed for permanent registration
  • Registration declaration
  • Duplicates of the MOA and AOA in Burmese and English
  • Legal documents’ declaration
  • Name and details related to the directors
  • Certificate of translation from a competent authority
  • Registered office address declaration
  • Information related to the representative and branch office.

How you can contact Estabizz?

  • Fill the form.
  • Get a call back
  • Submit the required documents.
  • Track the progress of your application.
  • Get the expected results.

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