The Ministry of Natural Resources and Environmental Conservation (MONREC) has just issued what we were told is their first ever Environmental Compliance Certificate (ECC). The ECC is in a letter format and confirms that the applicant’s Environmental and Social Impact Assessment is in compliance with the requirements of the Law on Environmental Conservation (LEC). It […]

The Union Government of Myanmar has issued an updated list of members for the Myanmar Investment Commission. This list is in effect starting from 18 January 2018. There are only a few changes compared to the previous list of members. Please see the list below. 1 Chairman U Kyaw Win Union Minister Ministry of Planning […]

Good news for corporate entities that have not yet completed their online re-registration with the Ministry of Commerce (“MOC”). With its issuance of Notice No. 0281 dated 22 December 2017, the MOC has extended the previous deadline of 31 December 2017 to 31 December 2018 to give companies more time to comply with the regulations. […]

The National Minimum Wage Determination Committee issued Notification 2/2015 on 28 August 2015 in which the Stipulation of Minimum Wage was announced at MMK3,600 (US$2.80) per day, calculated at a rate of MMK450 (US$0.35) per hour. Due to the increasing cost of living as well as country development, workers in Myanmar have been requesting an […]

MIC has issued an invitation welcoming foreign and Myanmar citizen investors to invest in Logistics Services at the major cities of logistics and trading hub. The sectors of investment  included in the invitation are Dry Port Services, Bonded Warehouse Services, High-way Bus and Freight Terminals and Warehouses & Wholesale Centers. It is also written that […]

Myanmar has precious little regulation governing Government tenders, but what it does have, has just been revamped and enlarged. Presidential Notification 1/2017 dated 10 April 2017 (the Notification) has reset and strengthened rules on certain types of Government procurement. Highlights of this note To which tenders does the Notification apply? Is a tender obligatory in […]

The protection of industrial design is concerned with safeguarding the visual aspects of your products, as opposed to its functional properties, from unlicensed use. Conceptually, industrial design protection has been in the statute books since the Design and Patents Act 1945 (the “1945 Act”). However, despite the 1945 Act legislating for a controller of patents and […]

Insurance, Finance and Trading Poised for Acquisitions in the Wake of the New Companies Law Myanmar’s economy is already quite open to foreign investment, but the few areas previously entirely closed to foreign ownership have just – nearly all- been opened as well. The new Companies Law 2017 allows, as the reader will by now […]

Foreign investments in the media sector have not been active in Myanmar this year. One of the probable reason could be the lack of clarify over foreign ownership in this sector. In this brief we analyze the restriction over foreign ownership according to the laws and requirements from the particular authorities in Myanmar. Highlights Broadcasting […]

The National Assembly has passed Myanmar Companies Law (the “MCL”) after extensive debate on various aspects of Myanmar’s long awaited corporate reform. The Law is finally here, passed on 23 November, pending signing into law by the President. Key areas which were hotly debated in recent weeks included the highly contentious question of whether small […]

In our previous client briefing note, we outlined five key things to look forward to under the Myanmar Companies Law (“MCL”). Following on from this, and as part of our continued coverage of the MCL, we will outline five potential drawbacks with regard to the MCL and how they may affect companies in practice. 1. […]

Introduction: The end of the comprehensive overhaul of Myanmar’s corporate legal framework is finally in sight with an updated Companies Law (the “MCL”) approved by Myanmar’s Parliament. Once the MCL is signed into law by the President, the outdated Myanmar Companies Act of 1914 (the “1914 Act”) will be abolished, bringing Myanmar Companies Law in […]

New rules for appointment and resignation of foreign experts The Investment Monitoring Division of the Directorate of Investment and Company Administration (“DICA”) has issued an Announcement, which came into effect on 21 October 2017. The Announcement pertains to the appointment of foreign experts as senior management, technical experts or consultants. In order for the appointment […]

Contents Tough cuts to tax holidays for expansion and reinvestment in 2017 Investment Rules Applying for an MIC Permit under Myanmar’s New Investment Rules The Ministry of Industry continues its recent spree of privatizations with two new tenders Myanmar dramatically cuts list of 92 activities requiring a local partner down to 22 First ever transfer […]

August was a busy month at the National Assembly with most attention going to amendment of the Telecom Law. Central to the amendment are the harsh sanctions on defamation and misinformation using telecommunication means, presently a non-bailable offence. Legislators in both chambers are seeking to recalibrate the provision. Waterways were also discussed through the draft […]

The insurance sector in Myanmar is still in its infancy and dominated by the state owned enterprise, Myanma Insurance (“MI”). Through the Myanmar Insurance Law 1993, MI was empowered to engage in all insurance business activities, permit other insurance companies to issue the type of policies as MI authorizes, and monopolize third-party liability and re-insurance. […]

1. INTRODUCTION After more than 100 years, Myanmar will soon enact a new Companies Act. The current one, Companies Act, 1914 (“1914 Act”), is a product of British colonization. In many regards it falls short of the requirements of companies, shares, stakeholders, and authorities in the economy of the 21st century. A draft for a new […]

The New Companies Act in Practice (1): Foreign and Single Shareholders, Resident Directors andCompanies Exempt from Auditors The Myanmar government has finally proposed to change the Companies Act after more than 100 years. The Draft Myanmar Companies Bill 2017 (“Draft”) was tabled at the Union Parliament, Amyothar Hluttaw for discussions on 21 July, 2017 by […]

The Myanmar Investment Commission (MIC) has announced ten priority areas, according to a statement on the Directorate of Investment and Company Administration’s website. Investors submitting proposals in the area will be given priority, with foreign and local investors welcome to invest in the areas, the statement said.. It is not clear from the statement how […]

The Myanmar regime of investment-related tax incentives has been updated by the new “Investment Rules”, officially known as Notification 35/2017 (“Rules 2017”). One of the key issues for investors is the tax exemption for expansion of projects that already received an MIC permit under the Foreign Investment Law 2012 (FIL).