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.