Analysis
25
Mar
2020
Do Employees Have the Right to Work Remotely? Questions on Myanmar Labor Law Facing the Coronavirus Outbreak
Although there are fewer than 10 confirmed cases of the coronavirus (“COVID-19”) in Myanmar as yet, companies in Myanmar have already observed quite a stir in their regular operations. Highlights of this note If an employee self-quarantines, does this count as annual leave, a normal working day, or leave of absence? Can an employer oblige […]
26
Feb
2020
The DICA Clarifies Corporate Approval of Director and Related Party Transactions
Related party transactions are a frequent occurrence in Myanmar corporate life. When one company transacts with another company with which it has some sort of connection through shareholders, directors, family etc… Highlights of this note Board approval procedure under s. 187: Member approval procedure under s. 188: Different interpretations possible Clarification
26
Feb
2020
Banks Ordered to Improve Customer Due Diligence
On 15 November 2019, the Central Bank of Myanmar (“CBM”) issued Directive 18/2019 on 15 November 2019 on customer due diligence. The directive sets out guidelines for customer due diligence, and mandates that banks develop an effective framework and practices in order to conduct risk assessments and manage money laundering and terrorism financing risks. Highlights […]
30
Jan
2020
Yangon Elevated Expressway Project
VDB Loi has been assisting as local legal counsel to the International Finance Corporation (“IFC”), acting in its capacity as lead transaction adviser to the Ministry of Construction of the Government of Myanmar on the Yangon Elevated Expressway Project Phase 1, which is the first-ever international road Public Private Partnership (“PPP”) in Myanmar. VDB Loi […]
22
Jan
2020
Central Bank of Myanmar updates and clarifies criteria for offshore loans
The Central Bank of Myanmar (“CBM”) has recently made changes to the offshore loan criteria that it has published on its website (see https://www.cbm.gov.mm/content/2066). Clearer wording has been added in terms of the differences in requirements for companies holding permits from the Myanmar Investment Commission (“MIC”) and non-MIC companies. Further updates have been made to […]
30
Nov
2019
Myanmar reduces Stamp Duty penalties
Stamp Duty (“SD”) is applicable on all chargeable instruments unless explicitly exempted under Schedule 1 of the Myanmar Stamp Act 1899 (“MSA”). Chargeable instruments mean documents that create, transfer, extinguish, or record rights or obligations and upon which governmental charges are collected in order to give legal effect thereto. Some commonly used chargeable instruments include […]
31
Oct
2019
Can you sue a dissolved company?
When a company has dissolved, it essentially means that the company has ceased to exist, and thus cannot sue or be sued. The question then becomes, how can a party pursue a claim against a dissolved company? Highlights of this note How can a party pursue a claim against a dissolved company? How to restore […]
31
Oct
2019
When does an overseas corporation have to register a commercial presence in Myanmar?
Under section 43 of the Myanmar Companies Law 2017 (“MCL”), an overseas corporation is not allowed to ‘carry on business’ in Myanmar unless it has registered its commercial presence with the Directorate of Investment & Company Administration (“DICA”). The central concept of ‘carrying on business in Myanmar’ has, unfortunately, not been defined in the MCL. […]
31
Oct
2019
The Enforcement of Monthly Personal Income Tax Return Filing and Payment
Please note that a Statement by the Internal Revenue Department, Yangon Region (“IRD”) has been issued regarding enforcing monthly Personal Income Tax (“PIT”) return filings and payments. This statement by the IRD states that as per the newly enforced Tax Administration Law (“TAL”) Section 40 (a) and Section 49(a), if the party responsible for deducting […]
30
Sep
2019
Myanmar Arbitration Update (VDB Loi Insights)
  INSIGHTS THIS MONTH SEPTEMBER 2019   Highlight of This Month / In This Issue / Recent VDB Loi Work / New Myanmar Laws and Regualtions / Recent Publications HIGHLIGHT OF THIS MONTH Myanmar Arbitration Update From our Disputes Team – Myanmar Office On 26 September 2019, VDB Loi held a successful live webinar event […]
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