Limited Liability Company
Limited liability companies can be either private or public in
Myanmar. Private limited liability companies must have a minimum of two
shareholders, and public limited liability companies must have a minimum
of seven shareholders. There are currently no foreign public limited
liability companies present in the country. Limited liability companies
can be 100% foreign-invested.
There are basically two types of companies in Myanmar: A company who
has received approval from the Myanmar Investment Commission (often
called an MIC company) or a standard company which is registered under
the Myanmar Companies Act (often called an MCA company or a DICA company
because it is registered with the Directorate of Investment and Company
Administration.) The difference between these two types of companies is
that MIC companies have higher minimum capital requirements and are
usually large companies working on large projects. MIC companies are
eligible to receive investment incentives under the foreign investment
law, whereas MCA companies are not.
Registered Branch
Companies opening a registered branch in Myanmar do not need to
obtain permission from MIC if registered under the MCA, so establishing a
presence in Myanmar is less time consuming and difficult. Companies
under this structure can also be registered as manufacturing or service
companies. Foreign branches are taxed at a higher corporate tax rate
than a normal company—35 percent in comparison to 25 percent per annum
for companies incorporated under the CA or MFIL.
Representative Office
Representative offices are not allowed to perform direct commercial
or revenue generating activities within Myanmar so are limited in their
functions. Nevertheless, they are relatively easy to set up. The
representative office is able to act as a liaison between its overseas
head office and is able to perform market research on ground and
establish a presence without profit-earning ventures through that
specific representative office.
Joint venture
Joint ventures can be formed as partnerships or limited companies
with a Myanmar individual, private company, cooperative society or state
owned enterprise.