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International Business Companies ('IBCs'): Incorporation of an IBC is governed by International Business Company Order, 2000  ('IBCO'), which contains provision for tax-free facilities at highly competitive cost levels.  Brunei is more concerned with attracting a critical mass of good business than a fee-based income stream at a high cost to end-users.  IBCs may be limited by shares/by guarantee, limited by shares and guarantee, of limited duration, Dedicated Cell Companies, created by conversion, redomiciled or discontinued in Brunei.  Foreign, or overseas companies may register as Foreign International Companies, and also operate tax free.  There are now more than 4000 IBCs registered in Brunei Darussalam, the majority of which are conducting significant regional business.

International Limited Partnerships ('ILPs'): Under the International Limited Partnerships Order, 2000 ('ILPO'), an ILP consists of one or more general partners (of which one must be a trust company or subsidiary thereof, an IBC or another ILP) and any number of limited partners.  An ILP may be formed for any lawful purpose, undertaken in or from within Brunei Darussalam or elsewhere.  It does not carry on business with any person resident in Brunei Darussalam, and prospectus provisions may apply to offers of securities.

International Banking: Royal Bank of Canada which is the largest financial services enterprise in Canada and one of the world's top 50 banks was the first bank to open an international branch of the main bank, under the International Banking Order, 2000 ('IBO').  IBO governs the provision of international banking services to non-residents.  Four classes of license are available - Full International, International Investment Banking, International Islamic Banking and Restricted International Banking Licensees.  Banks may be established as separate entities by registration as an International Business Company under the IBCO or alternatively, register a branch of an established institution as a Foreign International Company, again under IBCO.  International Islamic banking business is banking business whose aims and operations do not involve any element that is not approved by the Islamic Religion and there is a requirement for the appointment of a Syari'ah Council.  International banks will pay no tax and neither will their staff, customers or products.

Registered Agents and Licensed Trustees: There are now 8 Registered Agents and Licensed Trust Companies (please note that this links to the list of Registered Agents and Trust Companies and their contact details) registered under the Registered Agents and Licensed Trustees Order, 2000 ('RATLO').  RATLO restricts the provision of 'international business services' to companies licensed under that Order.  As noted above, Brunei has opted for a regulated trust and corporate regime ab inito.  All establishment and compliance documents (including Certificates of Due Diligence) of International Business (and Limited Partnerships) are filed by these licensed trustees.

International Trusts ('IT'): Under the International Trust Order, 2000 ('ITO'), an IT must be in writing, settled by a non-resident of Brunei, declared in its terms to be an international trusts (on creation or migration to Brunei), and at least one trustee must be a licensed under RATLO or an authorised wholly-owned subsidiary of a licensee.  Generally, only non-residents may be beneficiaries when an IT is first established.  Purpose and Special trusts are provided for, whether charitable or non-charitable.  The ITO is regarded as the most up-to-date and comprehensive legislation available.  It is being used increasingly for both Islamic and conventional planning.

Mutual Funds:  The Mutual Funds Order, 2001 ('MFO') applies to domestic and international funds and their promoters/managers/custodians.  Provision is made for Public Funds, Private Funds and Professional Funds.  Islamic Funds are provided for and are defined as funds which do not offend against the Religion of Islam.  A Shari'ah Council must be appointed in respect of an Islamic fund.  Mutual funds may be in the form of a body corporate, a unit trust, a limited partnership or other arrangement whereby participants (investors) may benefit from the pooling of funds, diversification and the spreading of risk.  No bearer shares may be issued.

Securities: Securities is very widely defined under the Securities Order, 2001 ('SO') which provides a framework for the establishment of a financial exchange or exchanges in Brunei, and for the licensing of "dealers".  The latter may, or may not, be members of an exchange licensed under this Order.  The terms 'investment adviser' is also very widely defined.erson or company, whether based in Brunei or visiting, may offer any form of financial product or investment in any form of security without holding a license granted under the SO.

International Insurance and Takaful : Comprehensive and imaginative legislation, coupled with a flexible regime to suit sophisticated business and personal international insurance and insurance related activities are governed by the International Insurance and Takaful Order, 2002 ('IITO’).  There are 7 types of licenses available, which include general insurance, life insurance, life and general insurance and captive insurance businesses and International Insurance Manager, International Underwriting Manager and International Insurance Broker.  Applicant can be a company including an established foreign or domestic insurance company or licensed registered agent and trust company in Brunei acting as representative for the purpose of license application.

Special provision is made for Financial Unit-linked and Reinsurance (access to domestic market).  All long term products are protected against creditors in the absence of fraud and the concepts of insurable interest and ability of a beneficiary to enforce a contract enjoy constructive modification.

 

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