The advantages of consolidating multi-country taxes with one provider

The advantages of consolidating multi-country taxes with one provider

The advantages of consolidating multi-country taxes with one provider

Handling tax and accounting in-house is not easy for any business. Errors in these processes can have severe consequences, so they need to be executed with exceptional accuracy and skill. Multinational companies in the Asia-Pacific region face the additional challenge of navigating the complex rules and regulations of each jurisdiction they operate in.

Deloitte’s 2021 Asia Pacific Tax Complexity Survey revealed 80% of respondents felt the region’s tax regimes have become more complicated since 2018.

If given the choice, many tax and accounting executives would engage an international company taxation and tax planning advisor in Malaysia, Singapore, Hong Kong or China to handle all their accounts locally. But this gold standard isn’t the reality for most businesses, especially when they are new to expansion.

Often, businesses will engage an additional tax firm to handle local regulatory requirements each time they expand to a new region. It is an understandable approach – specialist firms are able to offer in-depth knowledge of local tax laws. The issue is that collaborating with multiple firms can present its own challenges.

Many tax executives in multi-country companies end up struggling with:

  • Tax treaties and implications: difficulty understanding statutory and regulatory compliance resulting in penalty and delay.
  • Communication issues: language and cultural variations can make fostering collaboration between separate tax service providers challenging.
  • Staff retention: the great resignation is happening, so there are more new hires to onboard and train.
  • Technology issues: technological systems and communication modes vary from country to country, which can cause issues during cross-border dealings.

Do these challenges sound familiar? If so, the solution may lie in consolidating your taxes with an international business tax advisory service in Malaysia, Singapore, Hong Kong or China. Wherever your business is centralised, a third-party advisor will be able to help administer your tax functions across the Asia-Pacific region via a single point of contact.

This article explores the advantages of consolidating your taxes with one firm and provides tips on selecting a suitable provider for your company.

The value of local knowledge

Governments across the Asia-Pacific region frequently set new laws and regulations, which means businesses must keep up with local tax environments as they evolve. This is particularly important when it comes to cross-border tax implications and treaties.

Outsourcing your taxes to a highly trained team will make it easier to navigate local requirements and manage your cross-border dealings successfully.

Malaysia’s tax system is particularly complex. Consider the Sales and Service Tax (SST), for example, which has replaced Malaysia’s GST. The SST has a fixed rate of 6% for service tax, and a variable rate between 5-10% for sales tax. Understanding your company’s requirements and having an expert advisor at hand can make all the difference when maintaining tax compliance.

When reporting season arrives, you can expect to leverage any and all tax benefits and incentives available to you when you have outsourced your accounting and compliance services to the same team that is handling your taxes. It can be easy to overlook tax breaks and exemptions if you do not have local expertise.

If your organisation operates in Malaysia only, you may be able to manage your taxes internally. But, for peace of mind that your multi-country business is operating with efficiency and integrity, you need to select a knowledgeable tax partner in Malaysia that has strong relationships in neighbouring countries.

Simplify communication

Before engaging a tax advisor, ask them whether you will be assigned a dedicated contact person or need to interact with people in different countries. The second scenario should be avoided, as you would face all the same challenges that in-house tax management brings and gain little benefit.

An ideal arrangement would have you communicating with a connected network of tax professionals via one point of contact. In this situation, you benefit from a wealth of tax experience without the difficulties of coordinating internal personnel.

The benefits of partnering and consolidating with a premium service provider can also offer great financial rewards.

Communication

Tax incentives and benefits will be optimised across your company while mistakes, miscommunication and delays are reduced. Implementing a single point of contact also makes it easier to keep consistency across your business and align your company goals.

When managing tax in multiple jurisdictions, it is also important to be aware of subtle differences in culture. A wide variety of cultures, customs, religions and languages exists throughout the Asia-Pacific region. To do business successfully and ensure productivity, it is crucial to work with a local contact who is part of a global team rather than spending time and effort on competing international opinions.

For help with tailoring your business approach for individual countries, seek a specialist international tax advisor in Malaysia, Singapore, Hong Kong or China.

Tax compliance is crucial

Tax operations are drawing increased scrutiny from authorities as regulations become more stringent. No business wants to be targeted for a tax compliance audit. And as budgets and staff numbers reduce, finance and accounting personnel are forced to accomplish more with less.

A global workforce transition poses another challenge for companies. Employees are increasingly looking for new positions that offer better pay or work-life balance – meaning teams and resources are often overstretched.

That said, legal requirements cannot go unmet. Your business must make every effort to comply with Malaysia’s stringent tax laws by making accurate and timely tax payments. Businesses that fail to do so may face serious legal repercussions.

Non-compliance can be due to something minor, such as missing a detail in legislation or incorrectly calculating money owed.

If you are a multi-country firm with international business partners, ensuring compliance with evolving legislation can be particularly tricky.

Compliance

By engaging a specialist firm that understands the tax laws in Malaysia, Singapore, Hong Kong, China and across the Asia-Pacific region, your teams will have more time to concentrate on business growth and profitability. You will have the support you need to comply with tax legislation as it evolves and ensure accurate tax reporting.

And should compliance problems occur, your advisor will be able to attend to them promptly.

The most reliable business tax advisory services perform a thorough analysis of company structure before providing advice on long-term tax management. This empowers your staff to be able to identify and apply for tax benefits into the future.

Choosing the right tax partner

Cost and time savings are two of the main advantages of outsourcing your tax management. Your efficiency will go up, which in turn boosts profitability.

While cost considerations are important, avoid opting for the cheapest service when it comes to business tax advisory. Reputation is key to ensuring a reliable service.

Ask your potential tax partner these questions:

    How many clients do you service?
    How many years have you been in business?
    What is your business history?
    Do you have past accomplishments and results you can share?
    How many countries do you operate in?
    Can you service my company as it expands?
    What has your staff turnover rate been like?
    Do employees stay for a long time?

    A high-quality business tax advisory service provider will be able to answer these questions with confidence and pride. By partnering with them, you can rest assured your tax functions are managed in a professional, correct and timely manner.

    Top-tier firms like BoardRoom also guarantee:

    • Minimal errors: BoardRoom has been servicing Asia-Pacific businesses for over 50 years and is known for precision.
    • Attentive service: our low staff turnover rates mean we always have professionals on hand to meet your needs quickly and accurately.
    • Highly trained personnel: BoardRoom’s specialist team stays across local legislation as it evolves.

    Aim high, look beyond

    Organising today’s tax management is vital, but any executive knows that future planning is just as crucial for business success.

    If you are already a multi-country organisation with offices within the Asia-Pacific region, you may be thinking about further expansion. As you grow, you will have more legislative and cultural challenges to deal with.

    This is why global capabilities are a must when it comes to choosing a skilled tax advisory firm.

    For instance, BoardRoom partners with Andersen Global, a network of legal and tax experts based in 315 locations around the world. This means we possess outstanding knowledge of cross-border business taxation matters.

    Essentially, outsourcing your taxes to a global firm ensures you have all the specialist legal advice you need to expand into new countries and find success within them.

    Consider all outsourcing possibilities

    When selecting a tax partner, it is a good idea to ask whether they can provide additional corporate advisory and management services.

    Successful business growth requires the proficient handling of business functions related to tax compliance, such as company incorporation and corporate secretarial services.

    Engaging an advisory firm that provides a full suite of company services will support a simpler expansion process. You will save money and time, meaning you can direct more resources into your business’s primary objectives.

    Efficiency tends to become more crucial the larger your company becomes.

    Outsourcing

    When you find a reliable tax services partner, you might wonder what further business functions they can manage, such as:

    It makes sense to outsource multiple functions to a full-service provider because they will already have intimate knowledge of your business’s operations, structure and working methods. They will be able to support your company in a range of areas with minimal fuss.

    Streamline your processes through consolidation

    The advantages of consolidating multiple functions with one tax services provider are significant – especially when you take into account the cost and time involved in coordinating separate firms across the region. And if your partner is well-versed in the local tax breaks and incentives to which your business is entitled, you will enjoy substantial annual savings.

    But beyond cost savings, quality tax outsourcing will help streamline your operations on a company-wide scale.

    The complexity of tax management continues to grow. The solution may lie in engaging a reliable tax partner who can support your expansion throughout the Asia-Pacific region and ensure compliance with evolving rules and regulations.

    If you want to find out more about consolidating your business’s tax administration with one firm, chat with our tax specialists today.

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    How is planning a Virtual AGM different from Physical AGM?

    Virtual AGM

    How is planning a Virtual AGM different from Physical AGM?

    Planning a Virtual AGM in Malaysia?

    Virtual Annual General Meetings (AGMs) provide greater flexibility and engagement opportunities for all of your company’s shareholders regardless of their location.

    However, there are many practical elements to consider when planning a virtual AGM. These include your company’s readiness to go digital, how to do a live Q&A, how polling will occur, which virtual meeting platform to use and more.

    But, before you even get to the detailed planning stage, it is essential to review your company’s constitution to check if virtual AGMs are permitted and the AGM regulatory requirements to ensure that your company can meet its statutory obligations.

    Below is a guide to everything you need to know about running a virtual AGM in Malaysia.

    01 An overview of the current AGM requirements in Malaysia

    Virtual, fully virtual and hybrid AGM limitations

    Companies can only run virtual, fully virtual or hybrid AGMs if their constitution or trust deed allows them to.

    AGM meeting inclusions

    As per section 340 of the Companies Act 2016 (“CA”), publicly listed companies must discuss the following at their AGM:

    • audited financial statements and the reports of the directors and auditors;
    • the election of directors in place of those retiring;
    • the appointment and the fixing of the fee of directors; and
    • any resolution or any other business included on the meeting notice or as per the company’s constitution.

    Timing of AGMs

    The Guidance and FAQs on the Conduct of General Meetings for Listed Issuers (“Guidance Note”) issued by the Securities Commission Malaysia (SC) on 18 April 2020 and revised 16 July 2021 states:

    Under section 340(2) of Companies Act 2016, a company shall conduct its annual general meeting (AGM)–

    (a) within six months of the company’s financial year; and
    (b) not more than 15 months after the last preceding annual general meeting.

    In relation to listed real estate investment trusts (REITs), paragraph 13.18(a) of the Guidelines on Listed Real Estate Investment Trusts (Guidelines on Listed REITs) requires a management company to hold an annual general meeting–

    (a) within four months of the REIT’s financial year end; and
    (b) not more than 15 months after the last preceding annual general meeting.

    Notice of AGM

    The CA states that all shareholders must be sent a notice in writing about the AGM at least 21 days before it is being held. In addition, publicly listed companies must:

    • advertise the notice of AGM no later than 21 days before it occurs in at least one nationally circulated daily newspaper in Bahasa Malaysia or English;
    • send the notice of AGM in writing to each stock exchange where the company is listed; and
    • make an announcement to Bursa Malaysia Securities Berhad 21 days before the AGM is held.

    AGM venue and member participation

    The main AGM venue must be in Malaysia and with the chairperson present at this venue according to section 327 of the CA. Further, the venue must allow members to be able to participate and exercise their rights to speak and vote at the AGM using any technology or method.

    Meeting quorum

    To achieve quorum, there must be at least two members personally participating in the meeting or by proxy, pursuant to sub-section 328(2) of the CA.

    Voting scrutineer

    At least one scrutineer must be appointed to validate the votes cast at an AGM whether on-site or remotely.

    02 How COVID-19 has impacted these AGM requirements

    In response to COVID-19, the Malaysian Government have implemented a number of physical distancing and other safety precautions measures, including:

    • a movement control order (MCO);
    • a conditional movement control order (CMCO);
    • a recovery movement control order (RMCO);
    • an enhanced movement control order (EMCO); and
    • standard operating procedures (SOPs).

    Companies have started to conduct virtual AGMs to mitigate risks associated with Covid-19 and comply with Guidance Note on AGM requirements issued by the Securities Commission of Malaysia (“SC”).

    What are the definitions for Physical and Virtual AGM?

    SC’s Guidance Note defines them as:

    Physical AGM

    “Conducted at a physical meeting venue(s) only, without any online participation.”

    Physical AGMs are only an option during an RMCO, with the number of people allowed to physically attend subject to venue size and ability to comply with SOPs.

    Fully Virtual AGM

    “Conducted online where all meeting participants including the Chairperson of the meeting, board members, senior management and shareholders participate in the meeting online.”

    Fully Virtual AGMs are a recommended option during any of the Movement Control Orders. They are the only AGMs allowable under an EMCO.

    Virtual AGM

    “Conducted online from a broadcast venue, where only essential individuals are physically present to conduct the virtual general meeting. All shareholders in a virtual general meeting participate in the meeting online.”

    Virtual AGMs are a recommended option during an MCO, CMCO or RMCO. If held during an MCO, a maximum of 8 essential people are allowable at the broadcast venue. This increases to 20 people during a CMCO, and during an RMCO the number of people allowable is subject to venue size and ability to comply with SOPs.

    03 What are the advantages and disadvantages of each AGM type?

    Advantages

    Disadvantages

    Physical


    • Helps alleviate shareholder concerns about transparency: Some shareholders have the perception that physical AGMs allow for more transparent and robust discussions on company performance.

    • Access equity: caters to those who lack skills/equipment to participate remotely.


    • Additional costs: eg. venue hire, travel, catering, security, door gift and audiovisual support costs.

    • Limited accessibility: difficult for all shareholders to attend if they do not live within proximity of the venue.

    • Inflexible: physical AGMs are not able to be held when force majeure events occur such as pandemics or natural disasters.

    Fully Virtual and Virtual


    • Lower costs if your company has a large shareholder base: companies can avoid the expenses associated with large physical venue hire and travel costs. While there is an initial upfront investment required for virtual AGM technology, companies save more in the long term.

    • Highly accessible: most shareholders can easily participate remotely.

    • Highly flexible: AGMs can proceed even during force majeure events such as pandemics or natural disasters.


    • Transparency concerns: perception held by some shareholders that Fully Virtual and Virtual AGMs may result in less transparent and robust discussions on company performance. However, reputable virtual AGM providers will offer a live Q&A function to help dispel these concerns.

    • Access equity issues: some shareholders may lack the equipment and skills to participate remotely.

    • Risk of technology failure: meetings may have to be adjourned until technology issues are resolved. An excellent meeting services provider will hold ‘dry-runs’ to minimise the risk of any technical issues.

    Digital AGM tools are no longer just ‘nice to have’, but essential

    Data from the SC’s Corporate Government Monitor 2020 (CG Monitor) indicates that younger people prefer to participate in AGMs using remote participation and voting facilities (RPV). In all age groups (except the 71 years and older category), vast majority of shareholders stated that they would like to have the option of remote AGM participation.

    In short, AGM participation in the future will be firmly rooted in digital technology. This means that it is important for companies to start making the transition now to running virtual AGMs.

    Need help running your next Virtual AGM?

    Our team of share registry experts here at BoardRoom are poised to support your business to deliver the best Virtual AGM possible. We have extensive experience in executing AGMs, scrutineering and also using an independent, thoroughly integrated and purpose-built e-polling platform, Lumi. Through our unique platform, your company can hold live Q&A discussions and authenticate shareholders in real-time at your next virtual AGM.

    Speak to one of our share registry experts today to find out why we are the leading provider of shareholder support solutions in the Asia Pacific region.

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    How to Register a Company in Malaysia

    how to register a company in Malaysia

    How to Register a Company in Malaysia

    How to Register a Company in Malaysia

    Thinking of registering a company in Malaysia? The country’s liberal government policies and strong economic outlook make it easy to see why Malaysia ranks twelfth on the World Bank’s Ease of Doing Business scale (2020). As a result, it is a desirable choice for investors.

    Only a short 45-minute flight from Singapore, Malaysia offers lower start-up costs, greater tax incentives and more extensive government support. However, the process of setting up a new office in Malaysia can appear complex to a foreign business owner.

    This guide takes you step-by-step through how to open a company in Malaysia. And, most importantly, it shows you how to meet compliance requirements for a successful business venture. Read on for more insight on how to register a company in Malaysia:

    Malaysian market profile

    Malaysia is considered one of Southeast Asia’s most dynamic business environments. Its liberal market policies promote trade and economic development, while many government incentives encourage ongoing growth.

    Some key characteristics of the Malaysian Market which make it ideal for registering a company include:

    • Average monthly office rental pricing: Grade A office space in Kuala Lumpur’s new central district averages RM 10.49 per square foot (2021)
    • Average fixed broadband internet download speed: 103.28 megabits per second (August 2021)
    • Average mobile internet download speed: 29.14 megabits per second (August 2021)
    • Gross Domestic Product US$ bn: 336.664 (2020)
    • Population: 32.6 million (2020)
    • Official languages: Malay, English
    how to check if a company is legal in Malaysia

    The benefits of setting up a company in Malaysia

    Malaysia’s multicultural, multilingual society provides a skilled workforce with relatively low wage costs, which appeals to many overseas companies. The transport and telecommunications infrastructures both also operate efficiently, while the growing economy and accessible location make Malaysia a preferred choice.

    Other benefits to registering a company in Malaysia include:

    • Low corporate tax: For resident companies in Malaysia with under RM50 million in sales, the tax rate is only 17% on your first RM600,000. Once you earn over this limit, the rate increases to 24% for non-resident companies. To check your estimated tax rates, speak to one of our Malaysian tax specialists.
    • Skilled and educated workers: Malaysia has a highly skilled workforce, over 70% of whom speak English. Malaysian locals are friendly, hospitable and eager to learn, which increases both productivity levels and customer service.
    • Liberal government policies: The Malaysian government’s approach to foreign investment is proactive, welcoming new trade with a variety of industry-specific incentives. The lack of restrictions on repatriating capital, royalties, dividends or profits also encourages many multinational companies to call Malaysia home.
    • Effective infrastructure: With five international airports and two international shipping ports, Malaysia is one of Asia’s busiest international hubs. Over the next few years, the Malaysian government will also invest more money into upgrading ports and building new rail links. As a result, the country will provide an efficient, high-tech transport system that enables seamless business operations, allowing an increase in foreign company interaction.

    How to establish and register a company in Malaysia

    01 Step 1 - Choose a company type

    • Private Limited Company (Sdn Bhd): Although there are many different business entities, the only option for foreign investors registering a company in Malaysia is a Private Limited Company. This private company type is a separate legal entity, enabling it to bind contracts, purchase assets and act as its own legal entity in court.

    Private Limited Companies in Malaysia can be owned by locals or foreigners, as long as at least one director has a residential address in Malaysia (see step 3). However, unlike Public Limited Companies, Private Limited Companies can only have up to fifty shareholders, and cannot offer shares to the public. To learn more, contact our specialist team.

    • Public Limited Company (Berhad): Most large-scale enterprises in Malaysia are Public Limited Companies, which allows them to sell shares and generate further investment. Listing the company as public also enhances the corporate image and profile, potentially inviting new business opportunities and further expansion.

    However, Public Limited Companies need to adhere to strict compliance requirements, including holding annual general meetings and audits. Additionally, to own a Public Limited Company in Malaysia, you need to be a Malaysian citizen.

    • Sole Proprietorship and Partnership: This entity type is also only available to Malaysian citizens. It’s ideal for local small business owners with either a sole proprietorship or up to 20 partners.
    • Limited Liability Partnership (LLP): This entity type combines the properties of a Private Limited Company and a conventional partnership. A Limited Liability Partnership is a separate legal entity from its owners, which provides additional protection for the partners’ personal assets and wealth.

    Please note that to help rebuild local trade during the COVID-19 pandemic, the Malaysian government has restricted foreigners from initiating some business types. These types may include supermarkets, convenience stores, hairdressers, retail shops and more. Contact our specialist team for the most up-to-date information on foreign business restrictions.

    02 Step 2 – Give your company a name

    When you register a company, the name of your business can fall under two different categories:

    The Companies Commission will make sure your company name meets the following conditions:

    • No negative connotations or undesirable names: A business name cannot breach the constitution or law, or contain any elements that are negative, vulgar, obscene or offensive.
    • Correct spelling: The company name must use correct language and spelling. If the name contains a word that is not from Bahasa Malaysia or English, or that is fictitious, you must provide the meaning and/or origin of the word.
    • No generic names: Your business name must have its own identity, and must not be too common. Avoid using only generic words like ‘Marketing Resources’.
    • Not already registered: You cannot use a business name that has already been registered or in safekeeping. This includes changing symbols, letters or words that carry the same meaning.

    View the complete list of guidelines for business name registration online, and find out if your business name is available in Malaysia before registering a company.

    how to register an enterprise company in Malaysia

    03 Step 3 – Set up your company structure

    Next, determine your suitable business entity or company structure, ensuring you meet the following requirements for a Private Limited Company (Sdn Bhd company), as this is the only option for foreign companies:

    • Director: your company will need at least one director who meets all of the following criteria:
      • Must be a natural person (individual) and at least 18 years of age;
      • Must be of sound mind;
      • Must ordinarily reside in Malaysia, with a principal place of residence there;
      • Must not be an undischarged bankrupt under the Insolvency Act 1967; and
      • Must not be disqualified under the Companies Act 2016.

    To satisfy your local director requirements in Malaysia, we can provide a nominee director service.

    • Shareholder: you must also have at least one shareholder, who can be either a foreigner, a local or a corporate entity.
    • Company secretary: you must appoint a qualified natural person living in Malaysia as your company secretary.

    We provide expert company secretarial services to ensure your company meets all of its statutory obligations in Malaysia.

    • Share capital: you must issue a minimum share capital of:
      • RM1,000 for locally owned companies; or
      • RM500,000 for foreign-owned companies.
    • Registered address: your registered office must be a physical address in Malaysia. If your business does not have local office space, professional service firms like BoardRoom can provide a registered office location.

    04 Step 4 – Submit your business registration application

    To submit your company registration application, the owner or partner who submits it must be a Malaysian Citizen or Permanent Resident of Malaysia, aged 18 years or over. Only the owner or partner/s can apply to register a new business entity.

    To help you navigate the process of registering your company in Malaysia, we have a comprehensive company setup and incorporation service with local experts.

    05 Step 5 – Apply for other permits and business licences (if relevant)

    Depending on your specific business operations, you may also need to apply for additional permits and business licences. Find out which permits and business licenses you could require after your Malaysian company registration.

    How to successfully open a company in Malaysia

    Registering your business in Malaysia may be easier than you think.

    Our specialist BoardRoom team can provide expert advice and assistance whether you’re looking for information on:

    • how to register an enterprise in Malaysia;
    • how to open a corporate bank account;
    • how to meet compliance requirements;
    • how to check whether a company is legal in Malaysia; or
    • how to evaluate a company for acquisition.

    Other services we can provide include company set up and incorporation, corporate secretarial services, accounting and bookkeeping, payroll and more.

    Speak to one of our specialists today to find out how to register your business in Malaysia.

    Note: if you’re interested in more business opportunities or want more information on the business registration process in Southeast Asia, we can help. Explore our guide on how to start a business in Singapore, learn about the benefits of incorporating online there, or learn how to start a business and register a company in Hong Kong.

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    Business Expansion into Malaysia — Yay or Nay?

    Business Expansion Malaysia

    Business Expansion into Malaysia — Yay or Nay?

    4 Reasons why incorporating in Malaysia could be a wise decision

    Over the last ten years, Malaysia has become a destination of choice for business expansion. The World Bank ranked Malaysia at a respectable 55th place out of 157 countries across the globe as the easiest place to do business. While the government continues to play its part in facilitating greater ease, there are geographical factors that help boost Malaysia’s chances as the next destination to launch your business expansion strategy.

    The country is strategically located in the Asia Pacific Rim, at the centre, with numerous other ASEAN nations surrounding it. This means businesses in Malaysia can take advantage of and gain easy access to a substantial 667 million regional population1, which together boast a combined GDP of over US$3.3 trillion1.

    If you are thinking of expanding your business into Malaysia, here are FOUR reasons why it would prove to be a wise choice.

    01 It’s Quick, Easy, and Low-Cost to Incorporate

    Comparatively, Malaysia is possibly one of the easiest places for businesses to incorporate. Malaysia’s efforts to reform—policy enhancements and procedural improvements—over the past few years have increased efficiencies and reduced the waiting time involved with registration and permit application processes. Registration of a new business takes 5-10 days, and employment permits for expatriates are processed within 5 working days. Find out the steps on How to register a company in Malaysia.

    Operationally and financially, Malaysia has built a strong case for itself. It boasts one of the lowest start-up costs compared to the other Asia Pacific countries, as shown by its 17.5 days and 11.1% of income per capita2 required to start a business. This is largely driven by its low property rental rates, with an average gross rental yield of 5.16%3, and its generally low minimum wage.

    Knight Frank currently estimates the supply of office space in Kuala Lumpur (KL) city is 58.33 million sq ft, followed by KL fringe with 30.31 million sq ft and Selangor with 26.09 million sq ft, which brings the total to 114.73 million sq ft4.

    In addition to low office rental rates, businesses can operate economically because of Malaysia’s relatively low minimum wage, which sits at RM1,288.35 (US$275.235) per month.

    incorporating in Malaysia

    02 You’ll Avoid Double Taxation for Your Business Expansion Strategy

    In most countries, double taxation usually occurs when any taxpayer of a specific country engages in international business transactions. However, this is not the case for businesses in Malaysia. The country is a part of DTAs (Double Taxation Agreements) involving countries located in every continent of the world. This allows Malaysia to create an attractive tax environment where a greater international flow of investment, trade and financial activities, and technical knowledge are facilitated and exchanged.

    These DTAs outline the treatment of income or profits earned outside Malaysia by Malaysian businesses and within Malaysia by foreign-owned businesses. On this note, companies in Malaysia are protected against the possibility of a singular income being subject to two countries’ taxes simultaneously. The double taxation agreement also provides taxpayers with certainty about their tax treatment. In the event of an absent DTA, businesses are still eligible for tax relief through the foreign tax credit.

    For advisory on double taxation reduction, consider speaking with a professional tax consultant who can provide expert guidance on how to enhance your company’s tax savings.

    03 The Locals are Ready to Buy

    When shortlisting a country for your business expansion plans, qualifying your list of countries based on their economic strength is an excellent place to start. A country’s GDP is the best measure to assess its overall economic strength because it is closely connected with the country’s average consumer purchasing power. Malaysia’s total nominal GDP is expected to reach US$710 billion by 2030 and US$1 trillion by 20356, with a healthy growth rate of 4.0% – 4.5%7.

    Malaysia’s strong GDP is attributed to the government’s effort to remain robust in the agriculture, construction, manufacturing, mining, and services industries. The theme of Budget 2024, “Reformasi Ekonomi, Memperkasa Rakyat8” (Economic Reform, Empowering People), focuses on three main objectives: improving governance and public delivery system, transforming the business and economic sectors, and enhancing the quality of life of the people. This budget, which is the largest in the nation’s history, also reaffirms the government’s dedication to fiscal reforms to overcome the dual challenges of a less robust global economic outlook and Malaysia’s financial constraints.

    With such a reform-oriented and resilient budget, Malaysians’ incomes are improving, and depending on your type of business, you can benefit from a growing number of consumers who are able or willing to purchase low- to middle-market products and services readily.

    04 The Local Government Supports Your International Expansion Strategy

    Malaysia has been growing economically in tandem with global trends. In line with the adoption of Industrial Revolution 4.0 (IR4.0), it has introduced its own National 4IR Policy. This broad, overarching national policy drives coherence in transforming the socioeconomic development of the country through the ethical use of 4IR technologies, such as Artificial Intelligence, Blockchain, and the Internet of Things.

    The National 4IR Policy aims to attract foreign investments by fostering a culture of innovation and digitalisation, enhancing the performance and productivity of local industries, and enabling Malaysia to join global value chains. The policy also offers incentives and support for foreign investors who adopt 4IR technologies and develop the human capital and infrastructure in Malaysia. By tapping into the opportunities of 4IR, Malaysia can position itself as a regional hub for advanced and knowledge-intensive industries and achieve its vision of becoming a high-income and inclusive nation by 2030.

    While there are limited restrictions on foreign ownership in certain strategic sectors, the Malaysian government encourages the inflow of foreign investments. This is apparent in the incremental liberalisation of equity conditions by various government agencies and the broad range of attractive incentives to entice new foreign investments and promote local start-ups. These incentives range from generous tax exemptions and allowances to grants.

    Depending on your business, you might even be eligible for specific grants and incentives aimed at supporting innovation or projects that contribute strategically to the country’s economy and industries. Having a good knowledge of these incentives and how they may apply to you will allow you to maximise your business potential and put you on the fast track to success. Here are 5 grants that might be helpful as you incorporate in Malaysia.

    1. Cradle Investment Programme 300 (CIP300) stands as a pre-seed initiative targeting aspiring entrepreneurs in sectors such as ICT and other technology fields. This program offers up to RM 300,000 to these startups looking to develop and promote their innovative services.
    2. MaGIC Global Accelerator Programme (MaGICGAP) is a three-month intensive programme that helps promising local and global mid-to-late stage start-ups with established product-market-fit to get investment. It is designed for start-ups that have launched a product with reasonable traction, as well as highly scalable ones carrying a growth potential business model. This programme is open to start-ups from various industries, such as creative and lifestyle, e-commerce, education, finance, healthcare, and smart cities.
    3. Technology Acquisition Fund (TAF) is a hybrid grant and loan scheme that assists eligible Malaysian companies in procuring foreign technologies and integrating them into their existing business and manufacturing activities. The fund aims to allow companies to accelerate their growth potential by acquiring new technology and improving their technological capabilities and production processes. This applies to businesses in the priority technology clusters identified by MOSTI, such as aerospace, medical devices, pharmaceuticals, advanced electronics, and renewable energy.
    4. Domestic Investment Strategic Fund is a matching grant designed to offer incentives to established companies within the manufacturing and services sectors, boasting a minimum of 60% Malaysian equity ownership. This fund supports and encourages reinvestments, encompassing activities such as expansion, modernisation, and diversification. Notably, it facilitates initiatives like training, R&D, outsourcing, international standards, and technology licensing or acquisition. The fund is accessible to businesses in priority sectors such as aerospace, food security, machinery and equipment, and services.
    5. Women Exporters Development Programme (WEDP) is a specialised export support program aimed at empowering women in the export industry. This three-year program is tailored to assist competitive and sustainable businesses led by women to foster the growth of product and service exports. To be eligible for this programme, the company must be women-owned, hold a majority stake (at least 51%) and hold key leadership positions as the CEO and/or Managing Director. This programme covers both merchandise and services trade across various industries.

    The Malaysian government also has a dedicated agency, the Malaysian Investment Development Authority (“MIDA”), to help facilitate your international expansion strategy into the country. Besides the ease and low cost of incorporation, Malaysia also offers other advantages for businesses, including:

    • Low corporate tax rates of 15%-24%9 depending on the company size and income
    • New Companies Act 2016 simplifies the registration process and reduces the compliance burden for companies

    Strategic location in the heart of the ASEAN Community, providing access to a large and diverse market of over 600 million people

    business expansion support

    Launch Your Business Expansion Plans in Malaysia with BoardRoom

    So, if you were wondering if you should establish incorporation in Malaysia, here is our advice: you should. Malaysia is a promising destination for business expansion in the Asia Pacific region, offering a range of advantages for businesses across all industries. If you are looking for an international expansion strategy that can help you grow your business and achieve your goals, Malaysia might be the perfect option for you!

    However, whilst incorporating a business in Malaysia may seem like a straightforward process, it can be fraught with challenges and risks. You may encounter common difficulties like obtaining the necessary permits, licenses, and approvals, opening a bank account, complying with local laws and regulations, and dealing with cultural and language barriers. These challenges can cause delays, errors, and frustrations and ultimately affect your business performance and reputation.

    That is why you should always consult a team of dedicated experts who can guide you through the entire process of company incorporation in Malaysia. These professionals can assist you in your business expansion by leveraging Malaysia’s incentives and opportunities to their fullest extent while allowing you to have peace of mind, knowing that your company will remain compliant with local regulations. By doing so, you can ensure the best possible outcome for your business expansion plan and investment strategy.

    Here is where BoardRoom can help

    BoardRoom is the market leader in Malaysia for Corporate Services, as we command the majority of the market. Our affiliation with local regulators and government agencies such as the Malaysian Investment Development Authority (MIDA), local stock exchange Bursa Malaysia, Companies Commission of Malaysia, InvestKL, Malaysia Digital Economy Corporation (MDEC), etc., allows us to advise on the latest regulatory requirements and incentives accurately and swiftly put your business on a fuss-free journey towards success.

    If you are looking to incorporate in Malaysia, or if you already have a business in Malaysia but are looking to outsource your administrative functions so you can focus on expanding your business, a full-suite corporate services provider offering end to end services can help you with:

     

    Contact us today to find out how we can help you!

    Source
    1. statista.com
    2. https://www.doingbusiness.org/
    3. https://www.globalpropertyguide.com/
    4. The Edge | Knight Frank Kuala Lumpur and Selangor Office Monitor 2Q2023: Klang Valley office market sees sustained, steady recovery
    5. https://www.statista.com/
    6. https://www.spglobal.com/
    7. https://www.nst.com.my/
    8. https://www.mof.gov.my/
    9. https://taxsummaries.pwc.com/

    Related Business Insights

    Malaysia Budget 2022 – Tax highlights including extensions on current incentives and new reliefs

    Malaysia Budget 2022

    Malaysia Budget 2022 – Tax highlights including extensions on current incentives and new reliefs

    On 29th October 2021, Malaysia’s 2022 Budget, themed “Keluarga Malaysia, Makmur Sejahtera”, was tabled by Finance Minister Tengku Datuk Seri Utama Zafrul bin Tengku Abdul with a wide range of tax incentives offered to both individuals and corporates. The expansionary budget is aimed to act as a catalyst to boost economic recovery and close the gap on the country’s fiscal deficit.

    If you have any questions relating to any of the information contained in this report or need tax consultancy services, please email our tax advisors via [email protected] or call us at +60 3 7890 4500.

    Individual Tax Relief

    Individual Tax Relief

    New Corporate Tax Incentive

    New Corporate Tax Incentive

    New Sales & Service Tax Exemptions

    Sales and Service Tax Exemptions

    Related Business Insights

    The Benefits of Outsourcing for ‘The Next Normal’

    benefits of outsourcing

    The Benefits of Outsourcing for ‘The Next Normal’

    The Benefits of Outsourcing for ‘The Next Normal’

    In recent times, the Malaysian economy rebounded from unprecedented challenges, hitting its lowest point in two decades during the second quarter of 2020.

    The arrival of the COVID-19 pandemic shook the global economic landscape, leaving businesses grappling with unforeseen disruptions and uncertainties. As nations initiated lockdowns, travel restrictions, and safety measures, the business world was forced into uncharted territory. In Malaysia, as elsewhere, the pandemic’s impact rippled through industries, challenging established norms and demanding innovative solutions.

    While the road ahead remains uncertain, there’s a growing need for businesses to adapt to what we now refer to as “the next normal.” This transition is not merely about weathering the storm but about seizing opportunities amidst the chaos. It’s about businesses becoming agile, resilient, and forward-thinking to thrive in an ever-evolving environment.

    Forward-thinking SMEs have been quick to embrace digital transformation as a lifeline during these trying times. Not only has this helped ensure business continuity, but it has also opened the door to a world of advantages offered by outsourcing services.

    Let’s delve deeper into how the dynamic duo of digital transformation and business outsourcing services drive economic recovery in the post-COVID era.

    Pandemic resilience through digital transformation and outsourcing

    The COVID-19 pandemic has been a game-changer for digital transformation in Malaysia. A small business survey by global professional accounting organisation CPA Australia found that 40% of surveyed small businesses in Malaysia increased their focus to online sales in 2020. Of those small businesses that invested in technology in 2020, 42.4% of them said it made their business more profitable.

    For global companies, the digital transformation has happened in the space of just months during the pandemic. According to Twilio CEO, Jeff Lawson, some large multinational corporations have fast-tracked their digital transformation by an average of six years.

    digital transformation Malaysia

    The increased speed of digital transformation has meant that more companies have been able to appreciate the benefits of outsourcing. This has been particularly important for maintaining business continuity during the pandemic.

     For example, pre-COVID, some companies had payroll systems requiring on-site staff to process payroll. However, when the Movement Control Order (MCO) was in place, payroll staff couldn’t get to their offices to perform their duties. The solution for many of these companies was to outsource payroll to an expert service provider that uses a cloud-based HRMS solution to process employees salary payment offsite, even in the middle of a pandemic. One of the added benefits of outsourcing payroll is that businesses can remain compliant with rapidly changing payroll regulations in Malaysia.

    While the pandemic has fast-tracked digital transformation, it will remain an important driver of business growth for the foreseeable future. SMEs may find it difficult to keep up with the rapid pace of technological change, but this is where outsourcing can be truly valuable. By outsourcing their non-core business functions to a specialist outsourcing company, SMEs can:

    • save money from not having to implement and maintain expensive technology;
    • have greater business continuity when the unexpected happens; and
    • increase operational efficiency by allowing staff to focus on core strategic business drivers.

    How your company can reap the benefits of outsourcing

    Here are the top three ways your company could benefit from outsourcing:

    01 Save money

    Outsourcing business processes to a professional services provider like BoardRoom improves your business continuity so that your teams have the support they need to keep the business operating during unforeseen events. You’ll save money by minimising costly downtime. 

    In addition, outsourcing reduces key person risk. This means your company can save by avoiding the business interruption costs that can occur when senior team members are not available.

    What’s more, your company will benefit from getting access to the latest technology without having to spend money on finding, implementing, and maintaining big-ticket technology solutions.

    02 Save time

    One of the key advantages of outsourcing is that your company can regain precious time and use it to focus on what matters – growth and profitability. For example, when you outsource payroll, your in-house HR team can focus on achieving more strategic objectives, such as increasing employee engagement and productivity. With the time saved by outsourcing your payroll, your company can then reallocate staff towards core business activities.

    03 Gain expert advice

    Outsourcing to a professional corporate services provider gives your company access to a pool of business knowledge specialists without:

    • the salary overheads;
    • constant training costs; or
    • the expense of having your in-house team spend vast amounts of time trying to stay on top of changing regulations.
    business process outsourcing

    Focus on strategic planning to stay competitive

    As Malaysia’s economy gradually recovers from the impacts of COVID-19, businesses need to focus on strategic planning to stay competitive. A good place to start is understanding the current financial health of your company.

    Outsourcing your accounting function can help to clarify your company’s financial health status. A complete picture of your company’s finances enables you to make more informed decisions as the economy begins to recover.

     Our team of professional chartered accountants at BoardRoom can help by painting a clearer picture of your company’s current cash flow and seasonality. They have the expertise to critically analyse your receivables and collections, so you can more effectively assess organisational performance. With this information, you can then make the best strategic decisions to stay competitive and position your business to thrive in ‘the next normal’.

    Futureproof your business by outsourcing to a trusted outsourcing corporate services provider

    Looking ahead, futureproofing your business is paramount. Outsourcing services can help your company stay resilient in the face of uncertain and challenging market conditions.

    As one of the leading professional services outsourcing companies in the Asia Pacific region, BoardRoom offers a variety of comprehensive and value-added corporate services, including:

    • payroll services – we make payroll management faster and simpler, and help your stay compliant with all the payroll regulations and requirements in Malaysia
    • accounting and bookkeeping – our team of certified chartered accountants and finance professionals ensure your company maintains accurate financial records and in full accordance with the relevant regulations
    • corporate secretarial – you will be assigned a dedicated corporate secretary that helps your business to meet all corporate regulatory requirements in Malaysia and across APAC, and minimize administrative burdens from corporate compliance tasks
    • tax advisory and filing – leverage our tax-planning expertise maximise your return, and mitigate the potential financial penalties
    • share registry – we take a customised approach to support your specific needs, including conducting shareholder meetings and ensuring proper maintenance of shareholder records in accordance with local statutory obligations
    • IPO share issuing and registration house – as one of only two licensed share issuing houses in Malaysia, we have decades of experience to guide you through your Initial Public Offering (IPO) process
    • employee stock options plans – we offer a comprehensive platform that streamlines all your ESOP processes that benefits both your employees and the organisation

    By consolidating all your back-office functions into one vendor, you gain greater efficiencies and business productivity.

    Speak to our team of experts today about how we can help to futureproof your business and help your business embrace the opportunities presented by “the next normal.” In this ever-changing business landscape, embracing the advantages of outsourcing and digital transformation becomes not just a strategic choice but a necessity for success.

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    A guide to the payroll process and compliance in Malaysia

    payroll process and compliance regulations

    A guide to the payroll process and compliance in Malaysia

    Guide: The payroll process and compliance regulations in Malaysia

    With Malaysia’s strategic location, market competitiveness, skilled multilingual talent pool and world-class technology capabilities, it’s easy to see why so many companies choose to establish operations there.

    If your company is considering expanding into Malaysia, one of the keys to success is to understand the payroll process and compliance regulations from the outset. The last thing you want is for your newly established operation to attract the wrong kind of attention from government auditors.

    That’s why we’ve prepared a helpful guide to the payroll process and compliance regulations your company needs to know when starting out in Malaysia.

    Payroll process and compliance essentials in Malaysia

    Before we examine some common payroll compliance challenges in Malaysia, it’s useful to understand the essentials of the payroll process and the main compliance considerations. Let’s start with a primer on the fundamentals of payroll in Malaysia.

    Working conditions and wages
    • Working hours: Malaysia has an eight-hour workday with an average working week of no longer than 48 hours, and (most commonly) one day off per week. Government protection provisions prevent women from working in the industrial or agricultural sectors between the hours of 10pm and 5am. Women must also have at least 11 consecutive hours off work between each shift.
    • Pay cycles: salaries in Malaysia are typically paid monthly.
    • Minimum wages: Nationally, the minimum wage is RM1,100, except for areas under 56 city and municipal councils where the minimum wage is RM1,200. Our team of payroll experts here at BoardRoom can advise you on the relevant government guidelines that apply to your employees.
    • Overtime, rest day and holiday pay rates: Employees covered by the Employment Act 1955 (“EA 1955”) should be paid overtime at 1.5 times their hourly pay rate. Rest days are paid at two times, and public holidays at three times the hourly pay rate. However, the EA 1955 only applies to:
      • employees whose monthly salary does not exceed RM2,000;
      • employees within the private sector;
      • employees working in Peninsular Malaysia or the Federal Territory of Labuan; and
      • employees (irrespective of salary) involved in manual labour, operating or driving transport vehicles and domestic servants.

    For non EA 1955 employees, employers can stipulate relevant provisions relating to overtime rates within their employment contracts.

    Income tax
    • Withholding tax: Malaysia has a monthly tax deduction (MTD) system requiring employers to deduct withholding tax at source. Each month, employers must then send this tax to the Inland Revenue Board (IRB) of Malaysia on behalf of their employees.
    • Income tax rates: the maximum income tax rate in Malaysia is 30%, which applies to those with incomes greater than MYR 2,000,000 or ‘non-residents’. Employees who work between 60–182 days per year in Malaysia are considered ‘non-residents’, irrespective of their actual citizenship status.
    • Tax clearing and tax filing: employees must complete their tax clearing and filing at year-end before April. The financial year in Malaysia runs from 1 January to 31 December.
    international payroll processing companies
    Holidays and leave
    • Paid public holidays: Employees are entitled to be paid for 11 gazetted public holidays per year. Of these 11 days, five must be:

    1. Hari Kebangsaan or National Day;
    2. Birthday of Yang di-Pertuan Agong;
    3. Birthday of the Ruler or Yang di-Pertua Negeri or Federal Territory day (varies per state);
    4. Labour Day; and
    5. Malaysia Day (16 September).

    The remaining six paid public holidays are chosen at the discretion of the employer from the following list and these must be communicated to employees either via written notice or as stated in their employment contracts:

    • Birthday of the Prophet Muhammad (s.a.w);
    • Chinese New Year (2 days, except 1 day in the states of Terengganu and Kelantan);
    • Vesak Day;
    • Hari Raya Puasa (2 days);
    • Hari Raya Haji (1 day, except 2 days in the states of Terengganu and Kelantan);
    • Deepavali;
    • Christmas Day; and
    • Awal Muharam.

    However, the government can declare additional ad hoc, paid public holidays throughout the year. If these days are declared at short notice, employers can nominate a replacement day.

    In addition, there are a number of state based holidays observed around the country. However, employers are not required to pay employees for these holidays unless they have selected them to be included in their list of paid public holidays for their employees.

    • Compulsory annual leave entitlements: employees are typically entitled to between 8-16 days of paid annual leave, depending on their length of service with the company.
    • Compulsory sick leave entitlements: Employees are entitled to between 14-22 days of paid sick leave, depending on their length of service with the company.
    • Compulsory maternity leave entitlements: New mothers are entitled to 60 consecutive days of paid leave for each of their first five children.
    • Optional leave entitlements: employees can also apply for the following optional leave types, which are typically unpaid and subject to employer approval:
      • compassionate/bereavement leave;
      • marriage leave; and
      • study leave.
    • Paternity leave: most employers also offer 1-3 days of paid paternity leave, but this is not a statutory requirement.
    Social security and statutory contributions
    • Employees’ Provident Fund (EPF): employers and most employees (Malaysian citizens or permanent residents only) must contribute to the EPF retirement benefits scheme. The EPF contribution rate for employees varies depending on their monthly salary, whereas the employer contribution is 12%.
    • Social Security Organisation (SOCSO): employers must contribute to Malaysia’s mandatory social insurance schemes, which are administered by SOCSO. There are two schemes:
      • The Employment Injury Insurance Scheme (EIIS) provides cover for employees who experience work-related injuries or diseases. The EIIS applies to all Malaysian citizens, permanent residents, and foreign workers (excluding domestic servants).
      • The Invalidity Pension Schemes (IPS) provides cover for employees who experience invalidity or die from causes unrelated to their work.

    Employers must make a monthly contribution to SOCSO on behalf of each eligible employee.

    • Employment Insurance Scheme (EIS): employers are required to make monthly contributions for each employee. The EIS provides financial assistance to workers who have lost their job while they seek new employment.
    • Human Resources Development Fund (HRDF) Levy: this is a compulsory levy paid by employers with 10 or more employees (Malaysian citizens only) working in the manufacturing, services, mining and quarrying sectors. The levy rate is 1% of each eligible employee’s monthly wage. It allows companies registered with the HRDF to receive financial assistance when they participate in specific training and upskilling programs delivered by HRDF training providers.
    • Other contributions>: some employees may also be required to make student loan repayments to the National Higher Education Fund Corporation, or make donations known as Zakat to fulfil their religious obligations.
    payroll Malaysia

    Common payroll compliance issues to be aware of in Malaysia

    Payroll errors can result in your company needing to pay expensive fines. They can also cause reputational damage and employee dissatisfaction. To help you avoid unpleasant situations, here are some common payroll compliance issues to be aware of in Malaysia:

    • Late MTD payments: the Inland Revenue Board (IRB) imposes penalties if employers fail to pay monthly employee income tax withholdings by the 15th of each month.
    • Failing to include perquisites, benefits-in-kind or equity incentives in compensation reporting: sometimes these benefits are not paid through payroll, which means they can be easily overlooked in compensation reporting.
    • Incorrect classification of employees: Foreign workers, non-residents and secondees are often classified incorrectly during payroll data system entry. As a result, your company might underpay these employees and deduct the wrong income tax amounts.
    • Failing to stay up-to-date with regulation changes impacting payroll: In Malaysia, there are four regulatory bodies that influence payroll processing rules which makes it more of a challenge staying up-to-date with payroll requirements.
    • Overlooking cultural norms: It’s common in Malaysian payroll processing to include ‘13th-month pay’ – a single annual payment on top of an employee’s total annual wage. This payment isn’t mandatory and would not be considered non-compliance if you did not adhere to it, but it is the cultural norm that could impact employee satisfaction.
    payroll processing companies

    Want expert help in processing your company’s payroll in Malaysia?

    Our team of payroll experts can guide you through the complexities of the payroll process in Malaysia to help make your business expansion more successful. We can set up your company’s payroll so that you get it right the first time, every time.

    It doesn’t matter whether you are a large multinational corporation or a fast-growing SME. Outsourcing to an international payroll processing company like BoardRoom ensures your company has an efficient, accurate and compliant payroll process right from the start.

    Speak to our team of payroll specialists in Malaysia today about how outsourcing payroll can give you more time to focus on what really matters: your company’s growth and profitability.

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    10 advantages of outsourcing your payroll services

    advantages of outsourcing payroll services

    10 advantages of outsourcing your payroll services

    10 advantages of outsourcing your payroll services

    Outsourcing is the key to making your payroll process seamless. It means everyone gets paid the right amount at the right time, every time.

    All too often HR professionals find themselves spending far too much time processing pay runs at the expense of dedicating time to strategy and higher-value tasks.

    Payroll is a time-intensive process – not just because you need to complete the necessary process tasks, but also because you need to ensure compliance with tax and legislative requirements.

    The key advantage of outsourcing payroll services is that you can get back your time to focus on what really matters: the strategic business drivers that grow your company and culture.

    Here are the top ten benefits your company can enjoy when you choose to outsource payroll:

    01 Save time

    Outsourcing payroll is the low-hanging fruit for increasing company efficiency. Instead of spending hours every pay cycle on payroll processing, an administratively heavy task, HR teams can focus on achieving more strategic objectives, like increasing employee engagement to boost organisational productivity.

    02 Reduce costs

    Saving time also saves you money, which can come in the form of a lower wage bill. For example, as companies scale, they can save money by outsourcing payroll instead of spending it on expanding in-house HR teams purely to manage a growing payroll. You may also see savings to your business from not needing to maintain cloud security for your payroll software or manage paperwork.

    how to outsource payroll

    03 Minimise compliance and regulatory risks

    Regulatory changes that affect payroll happen at break-neck speeds, which can make staying compliant a challenging, time-consuming process. In Malaysia, four regulatory bodies develop payroll processing rules. They each issue notifications when a change to the law is made and your company needs to ensure that these changes are accurately translated into payroll formulas.

    It is easy to make mistakes when updating payroll formulas, especially if they involve IF, AND, OR logical functions. If the formula is wrong, payroll is calculated incorrectly which can cause problems like under or over paying wages and tax. Chances are, you may not even realise that an error has occurred until after receiving an expensive non-compliance fine.

    Outsourcing your payroll to a specialist service provider, like our team of experts here at BoardRoom, can minimise your exposure to these compliance and regulatory risks because we take care of it all for you, including updating payroll formulas correctly. We also ensure a quick, timely turnaround that meets all the statutory requirements of employee payment, further helping you avoid risk.

    04 Gain access to specialised, local knowledge

    Having a dedicated team of professionals with local knowledge of Malaysia’s labour laws is essential for your company. It means your business can take advantage of the team’s years of payroll experience without being exposed to the strict protocols and multi-level cross-checking that they’re subject to.

    BoardRoom can deliver payroll outsourcing services across 19 countries and regions in APAC, with the option to coordinate your administration via BoardRoom Malaysia or decentralise coordination across all our local business sites. This is especially beneficial for companies that operate in different states or across multiple countries because our dedicated team will work with you to ensure compliance in each area, freeing up your in-house HR team.

    05 Build payroll continuity

    Some companies operate payroll systems that require staff to be on-site in order to process payroll. If the unexpected happens, as an example; your payroll staff can’t get to the office to perform their duties, or a key member of your team responsible for payroll approval resigns, how will your employees get paid? Payroll that is outsourced to an expert provider guarantees payroll continuity so that your employees are paid on time, every time.

    06 Enhance data security and protection

    Data security is crucial for payroll processing because of the incredibly sensitive information involved such as employees’ personal data and compensation details. In Malaysia, HR departments must adhere to local laws such as the Personal Data Protection Act 2010 (“PDPA”).

    If your company has limited time and budget resources, it can be challenging to maintain an appropriate level of data security and protection in-house. For one, in-house teams need to keep pace with ever-evolving cybersecurity threats. Secondly, your company is more exposed to payroll fraud when payroll is processed in-house. Third, in-house teams may not have the appropriate protocols to ensure that data is backed up regularly.

    Quality payroll outsourcing providers store their data on highly secure cloud-based servers using state-of-the-art encryption, reducing the risk of internal data breaches. They perform regular backups to ensure that data is protected. Data protection and security are top priorities for us at BoardRoom, which is why our data centres have achieved ISO27001, and our cloud hosting has SOC2 certification.

    outsource-your-payroll

    07 Reduce stress

    Getting your employees paid accurately and on time is critical to the success of your company. And as every HR professional knows, there is no room for error when it comes to payroll. However, managing payroll effectively can be challenging for in-house teams when they are trying to keep up with local regulatory compliance while simultaneously managing the needs of a growing workforce. This is especially true if your company operates in multiple countries across the APAC Region.

    Our team of payroll experts here at BoardRoom will take care of payroll management for you, ensuring that pay runs are efficient, accurate, and compliant at your office in Malaysia and any other branches you may have in the region. Our team has worked across multiple industries, countries, and situations, so you can rest assured knowing that your payroll is in the best of hands. Ultimately, this means less stress for your HR teams.

    08 Increase flexibility

    Another advantage of outsourcing payroll services is that you can stay flexible in rapidly changing business environments. Outsourcing allows you to quickly scale your payroll service requirements as needed, instead of having to recruit, onboard, train and retain additional in-house staff.

    09 Gain access to a pool of payroll knowledge experts

    As the saying goes, ‘two heads are better than one’. When you outsource payroll, your company gains access to a pool of payroll knowledge specialists without the expense of retaining them in-house. Our team of experienced payroll experts have managed payroll for businesses of all sizes, types, and industries across the APAC Region, making sure you meet legal requirements and stay compliant in multiple localities. Take advantage of their vast experience and knowledge to really build your business so you can take it to the next level.

    10 Streamline operations with value-add services

    The best payroll outsourcing vendors are not only experts in all things payroll, but also offer a variety of integrated, value-add corporate services, including:

    By consolidating all your back office functions into one vendor you stand to gain greater efficiencies and business productivity.

    Discover the advantages of outsourcing payroll with BoardRoom

    Spend less time sorting out pay runs and more time on your company’s growth and profitability by outsourcing your payroll function to our team of experts at BoardRoom.

    Whether you are a large multinational corporation or a fast-growing SME, our team makes processing your payroll in Malaysia and across the APAC region easy.

    Our comprehensive payroll outsourcing services include:

    • Determining gross to net salary
    • Producing variance reports, payroll journals, and payroll details
    • Transferring net salary into bank accounts and providing pay slips securely (soft or hard copy)
    • Preparation of year-end reporting forms and appendices (soft or hard copy)
    • Digital management of staff leave entitlements and expense claims
    • Regional payroll administration across 19 countries in APAC
    • Streamlined support by Ignite payroll software, our cloud-based HRMS solution

    So if you want efficient, accurate, compliant payroll processing that saves costs and alleviates stress from your team, speak to our specialists today about how our outsourced payroll services can best benefit your company.

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    What is an Employee Share Plan? (ESAS vs ESPP)

    Employee Share Plans in Malaysia

    What is an Employee Share Plan? (ESAS vs ESPP)

    How Employee Share Plans work in Malaysia

    Essentially, an Employee Share Plan is a remuneration package that can reward employees of both privately held and publicly listed companies in Malaysia with either:

    • the company’s ordinary shares; or
    • the option to buy these shares in the future at a subsidised rate.

    Employee Share Plans are an effective way to attract and motivate your employees while providing an incentive for them to contribute to long-term company performance. These plans can help you to retain and reward your talent whilst managing company cash flow or working capital.

    You can use several Employee Share Plan types to provide cash-free remuneration to staff, including:

    • Employee Share Option Schemes (ESOSs);
    • Share Award Schemes (SASs)
    • Performance Share Plans (PSPs)
    • Restricted Share Plans (RSPs); and
    • Employee Share Purchase Plans (ESPPs).

    Our guide to each type below can help you to decide on the best option for your company.

    Employee Share Option Schemes (ESOSs): ESOS Meaning & Details

    An Employee Share Option Scheme (ESOS) gives employees the contractual right to buy company shares at an exercise price in the future. The reason for this is, the greater the share price, the greater the gain from exercising their options. Typically, you will assign a preferential, pre-determined price or benchmarked value to the share options. It is worth noting that employees are not obligated to purchase these shares, however this right is granted to incentivise employees to continue working hard, as they will directly reap benefits if the company’s share price rises.

    An ESOS case study example

    Nora Yeoh, the Chief Operating Officer of Jack Manufacturing Company, has received a share option offer to acquire 50,000 company shares. The offer price (also known as the exercise price) per share is RM20.00. There can be a moratorium period which Nora will not be able to exercise the options, which is called a vesting period. Once the moratorium has been lifted, Nora’s options are now vested, and Nora can pay an exercise cost to acquire the shares within a specified period of time.

    There could also be certain performance criteria that Nora will have to fulfil before the options vest.

    Assuming that the share options vest and Nora is still working at the company on 1 April 2020, she can choose to exercise her share options. If she does this, she will pay RM20.00 per share to receive 50,000 shares in the company.

    Malaysia Employee share option schemes

    Share Award Schemes (SASs): SAS Meaning & Details

    A Share Award Scheme (SAS) is very similar to an ESOS. The key difference is that employees are rewarded with actual share ownership from the outset, instead of only receiving the option to buy future shares.

    As with an ESOS, there could also be certain criteria or performance metrics that the employee will have to fulfil.

    To prevent share dilution, companies often only allot 15% of their current outstanding ordinary shares at any time to use in an SAS.

    As outlined in the table below, there are two types of SAS:

    • Performance Share Plans (PSPs); or
    • Restricted Share Plans (RSPs).
    Type of SASPlan DurationVesting PeriodPerformance MetricParticipantTarget Companies
    PSP3-5 YearsEnd of Plan (with Annual Evaluation)

    – Total Shareholder Return

    – Return on Equity

    – Return on Sales

    – Market Ranking

    – Directors

    – Non-Executive Directors

    – Senior Managers

    – Heads of Department

     

    – Listed and Private Companies
    RSP3 YearsAnnually

    – EBITDA

    – Economic Value Added

    – Manager 

    Performance Share Plans (PSPs): PSP Meaning & Details

    Performance Share Plans (PSPs) are typically aimed at a company’s senior management team. They provide incentives to focus on delivering long-term company performance that creates shareholder value. To help achieve longer-term company objectives, PSPs tend to have longer plan durations (often 3-5 years), and the shares vest at the end of a PSP.

    Some companies have a claw-back policy that requires the individual to return a certain number (if not all) of their rewarded shares if their performance is dissatisfactory.

    A PSP case study example

    After joining the Jack Manufacturing Company Performance Share Plan (PSP), Sarah Perry was allotted 1,000,000 shares on 1 April 2020. At each annual performance evaluation, Sarah receives a score that is independent of her score in previous years.

    At the end of her three-year period, Sarah receives 900,000 ordinary shares, based on the average of all of her scores. She can choose to keep or sell these shares. However, she knows that keeping them allows her to enjoy voting rights and makes her eligible to receive dividend payments.

    Sarah’s PSP results appear in the table below:

    Evaluation Date (Annually)2 April 20212 April 20222 April 2023
    Score Card95%110%65%
    Average Score across 3 years(95% + 110% + 65%) / 3 = 90%
    Total Awarded1,000,000 x 90% = 900,000 Ordinary Shares

    Restricted Share Plans (RSPs): RSP Meaning & Details

    Restricted Share Plans (RSPs) work similarly to PSPs, but over a shorter term.  The key difference is that shares in an RSP vest annually, which means these plans tend to better suit companies with short-term objectives.

    An RSP case study example

    After joining the Jack Manufacturing Company Restricted Share Plan (RSP), Peter Li was allotted 1,000,000 shares on 1 April 2020. The RSP plan has a three-year duration and two vesting periods.

    The first vesting date is 2 April 2022. On this date, 50% of Peter’s allotted shares will vest based on his performance from 2 April 2020 until 1 April 2022.

    The second vesting date is on 2 April 2023. On this date, the remaining 50% of Peter’s allotted shares will vest, depending on his performance from 2 April 2020 till 1 April 2023.

    During the first vesting period, Peter only manages to reach 95% of his pre-set target. The Remuneration Committee (RC) therefore decides to vest only 450,000 shares. They could place the remaining 50,000 shares back in the company’s treasury account, or evaluate it again towards the second vesting period.

    For simplicity, let’s assume for this example that they place Peter’s unvested 50,000 shares back into Jack Manufacturing Company’s treasury account.

    During the second vesting period, Peter performs well and manages to reach his target. The RC therefore decides to reward him with 500,000 shares.

    At the end of the three-year period, Peter has received a total of 950,000 ordinary shares. Like Sarah, he can choose to keep or sell the shares.

    Peter’s PSP results appear in the following table:

    Vesting Period2 April 20222 April 2023
    Performance Metrics95%100%
    Vested450,000500,000
    Unvested50,0000
    Total Awarded450,000 + 500,00 = 950,000
    Employee Shared Plan in Malaysia

    Employee Share Purchase Plans (ESPPs): ESPP Meaning & Details

    You can offer this type of Employee Share Plan to all company employees. Effectively, it means your company subsidises employees to buy ordinary shares in the company.

    In an Employee Share Purchase Plan (ESPP), you automatically deduct a portion of the employee’s gross income every month and place it in a separate company account for a minimum one-year period. These plans also usually do not have a vesting period.

    At the end of the year, the employee can either:

    • choose to use those funds to purchase ordinary shares; or
    • have the money transferred back to their personal account.

    As an extra incentive for employee participation, you can also offer a good interest rate on the set-aside funds. This means that the employee benefits even if they don’t choose to buy your company’s ordinary shares.

    Other effective participation incentives include:

    • subsidising a certain amount (such as 25%) of the total cost of any shares that an employee purchases; and
    • share purchase matching, in which your company uses its own funds to buy x number of ordinary shares for every x number of ordinary shares the employee buys.

    Which Employee Share Plan is best for my company?

    In theory, you can use any of the Employee Share Plans in this article to provide cash-free remuneration to staff. However, you still need to consider the complexities and administrative costs of each option.

    In our experience, coming up with a single Employee Share Plan that will work for everyone is not possible. That’s why we have designed a specialised digital Employee Share Plan system that is completely flexible.

    Our experts can provide you with a purpose-built solution for your needs that will increase efficiencies and reduce costs, while still complying with current and future reporting requirements.

    Choose BoardRoom as your trusted Employee Share Plan firm in Malaysia

    If you are looking for reliable ESP services in Malaysia from a reputable provider, BoardRoom is your optimal choice. Our expert team has years of experience providing advice, solutions, and services for companies of all sizes and industries, whilst ensuring your organisation stays compliant with all local laws and regulations. Whether you have questions about the best Employee Share Plan options (ESOS, ESPP, or otherwise), the meaning and implications of choosing these plans, how to implement them, and so on, we are happy to assist.

    We are also proud to use innovative technologies as part of our offerings – as such, we have designed an all-encompassing Employee Share Plan solution that combines the experience of our expert team with a powerful digital platform, EmployeeServe.

    Contact us today to find out more about our comprehensive Employee Stock Option Plan (ESOP) services.

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    Digital vs Electronic Signatures in Malaysia: a Guide

    Electronic vs Digital Signatures in Malaysia

    Digital vs Electronic Signatures in Malaysia: a Guide

    When a face-to-face meeting is impossible, paperless signatures are a practical option for your business in Malaysia. They are fast, convenient and environmentally friendly.

    However, you need to carefully consider the legal implications of using digital or electronic signatures over the traditional ‘wet-ink’ variety. While the terms ‘electronic’ and ‘digital’ are often used interchangeably to refer to paperless signatures, each one is a separate legal concept under Malaysian law.

    In this article, we cover the differences between electronic and digital signatures in Malaysia, and explain when they are legally binding, and where you can use them.

    What you need to know about electronic signatures in Malaysia

    An electronic signature is defined by the Electronic Commerce Act 2000 (“ECA”) as:

     “any letter, character, number, sound or any other symbol or any combination thereof created in an electronic form adopted by a person as a signature.”

    Electronic Signature in Malaysia
    Are electronic signatures legally binding in Malaysia?

    The ECA legally recognises electronic signatures used in commercial transactions either:

    • to fulfill legal requirements; or
    • to facilitate commercial transactions through electronic means.

    In Malaysia, electronic signatures are typically used for simple contracts and agreements (such as the ones outlined below) where the risk of legal disputes around document validity is low.

    Electronic signatures are legally binding under Malaysian law, where they fulfil the ECA requirements, being:

    1. that the signature is attached to, or logically associated with, an electronic message;
    2. the signer and their approval of the related information can be adequately identified; and
    3. the signature is as reliable as is appropriate, given the purpose and circumstances for which the signature is required.

    To be considered ‘reliable’, electronic signatures must also fulfill these ECA requirements:

    1. the means of creating the electronic signature is linked to, and under the control of, that person only;
    2. any alteration made to the electronic signature after signing is detectable; and
    3. any alteration made to that document after signing is detectable.

    Some grey areas surround these requirements as they have largely been untested in Malaysia Courts. However, we recommend that companies adopt internal guidelines relating to the use of electronic signatures that outline the approvals process, digital security measures, electronic record keeping policies and compliance and internal audit team procedures. These guidelines can be used to provide evidence that the ECA requirements have been met. Companies may consult their lawyers or corporate secretarial agents for assistance in this regard.

    Common electronic signature applications in Malaysia

    Common electronic signature applications

    There’s a reasonably broad scope when it comes to applying electronic signatures in Malaysia to execute documents. For example, case law suggests that even a text message can be considered a legally binding electronic signature under the ECA.

    More typically, electronic signatures are commonly used in:

    • HR documents: Employment contracts, benefits paperwork and new employee onboarding processes;
    • Commercial agreements between corporate entities: Non-disclosure agreements, procurement documents and sales agreements;
    • Commercial real estatedocuments: Lease agreements, and sales and purchase contracts; and
    • Minutes and resolutions:(subject to the company’s constitution).

    When deciding whether to use an electronic signature in Malaysia, it is important to note that while electronically signed documents are legally enforceable, wet-ink signatures may still be required for stamping and some filing and registration procedures. Some financial institutions may also require wet-ink signatures.

    Where you can’t use electronic signatures

    In Malaysia, electronic signatures are not allowed in:

    • Power of Attorney documents as per section 2 (2) of the ECA;
    • Wills, codicils and trusts as per section 2 (2) of ECA;
    • Negotiable instruments, bills of exchange, and promissory notes as per section 2 (2) of the ECA;
    • Any instrument dealing with properties under the Malaysian National Land Code; and
    • Statutory Declarations under the Statutory Declarations Act 1960.

    The documents listed above cannot be executed via e-signature or digital signature because they require notarisation or attestation before a public notary or commissioner of oaths. As such, wet-ink signatures are required for these documents.

    What you need to know about digital signatures in Malaysia

    Digital signatures are considered a subset of electronic signatures in Malaysia and are governed by the Digital Signatures Act 1997 (“DSA“).

    A digital signature is defined by the DSA as:

    “a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine:

    a. whether the transformation was created using the private key that corresponds to the signer’s public key; and
    b. whether the message had been altered since the transformation was made.”

    Digital Signature in Malaysia

    Electronic signature software providers like DocuSign and HelloSign use certificate-based digital IDs to authenticate each signer’s identity, providing a higher level of security and assurance. Each digital signature is bound to the document via encryption to provide proof of signing, and is validated by licensed certification authorities.

    In Malaysia, it is the role of licensed certification authorities to act as a trusted third party in verifying the identity of both the signer and the recipient of electronically signed documents.

    Think about it this way, a digital signature requires a process, whereas an electronic signature can be implied – such as in the case of a text message.

    Are digital signatures legally binding in Malaysia?

    A digital signature that meets the DSA’s validity requirements is as legally binding in Malaysia as a handwritten signature, an affixed thumbprint or any other mark.

    When the law requires a seal to be affixed to a document, a digital signature must be used.

    Where you can’t use digital signatures

    In Malaysia, like electronic signatures, digital signatures are also are not allowed in:

    • Power of Attorney documents as per section 2 (2) of the ECA;
    • Wills, codicils and trusts as per section 2 (2) of ECA;
    • Negotiable instruments, bills of exchange, and promissory notes as per section 2 (2) of the ECA;
    • Any instrument dealing with properties under the Malaysian National Land Code; and
    • Statutory Declarations under the Statutory Declarations Act 1960.
    Digital signatures must be validated by select authorities in Malaysia

    Currently, there are no foreign certification authorities recognised in Malaysia. Digital signatures can only be validated with one of the following licensed certification authorities:

    • Post Digicert Sdn Bhd;
    • MSC Trustgate Sdn Bhd;
    • Telekom Applied Business Sdn Bhd;
    • Rafcomm Technologies Sdn Bhd;

    Optimise your business with digitisation

    A smart way to optimise your business processes is to use electronic and digital signatures, particularly when face-to-face meetings are not practical or possible. But – as we covered in this article – you need to fulfill specific legislative requirements in Malaysia to ensure that paperless signatures are legally binding.

    Get in touch with our experts today to learn more about how they can help you implement innovative technological solutions to empower your business. 

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