Please note that whilst considerable care has been taken to ensure the information contained within this page is accurate and up to date, no warranty is given as to the accuracy or completeness of any information and no liability is accepted for any errors or omissions in such information. The information given in this page is based on our present understanding of the current laws, guidelines and regulations and may therefore be subject to change without notice.
Brunei Darussalam strives to become a business-friendly centre in the region for companies to embark on their business growth. It also provides a platform for foreign companies to expand their operations in, from and through Brunei outward to other countries, particularly in the South-east Asian region.
The FAQs within this page will consider some of the most commonly asked questions in relation to the Brunei private limited company and foreign branch registration processes and their compliance requirements under the laws. The questions are grouped by general areas to make your search easier and some of the answers can be cross-referenced with other information from the linked websites provided.
In brief, a private limited company (or known as Sdn Bhd company) and a foreign branch registered in Brunei Darussalam are governed by the Companies Act (CAP. 39) and they are supervised by the Registrar of Companies (“ROCBN”), at the Ministry of Finance and Economy (“MOFE”).
Whereas a Brunei foreign branch is a registered legal entity and it is treated as an extension of its parent company. Foreign branch can carry on any type of business activity that falls within the scope of its parent company. It may repatriate its profits and capital to its parent company with little or no restrictions. Foreign branch will only be taxed for the earnings derived from its operations in Brunei. The main advantage is that it lets the foreign branch to contract under its own name and leverage on its brand name and existing reputation.
Certain restrictions or disadvantages may hinder the use of a foreign branch due to the notion that it is not a separate legal entity from its parent company. Thus, the parent company is held liable for any obligations or debts incurred by its foreign branch due to the lack of limited liability. Foreign branch cannot freely carry on activities which its parent company is not allowed to.
We wish you all the best,
from our team at HMR Konsultan