Per Section 97 of the 2017 Myanmar Companies Law, companies must file their first annual return (“AR”) with the Directorate of Investment and Company Administration (“DICA”) through the MyCo system within two months of the date of incorporation. Previously, no supporting documents were required; however, an announcement on the DICA website dated 1 April 2023 […]

The Directorate of Investment and Company Administration (the “DICA”) issued an announcement dated 15 September 2022 with respect to the changes in the process of seeking DICA’s recommendation for foreigners’ visa renewal or extension with effect from 14 September 2022. The DICA has, by this announcement, tightened up on its requirements of the application process […]

The Insolvency Law is required be used from now on for winding up. The section on winding up under the MCL was replaced by the section in the Insolvency Law which came into effect on 25 March 2020. However, this section of the Insolvency Law has not been applied due to the lack of applicable […]

On 30 September 2021, the Directorate of Investment and Company Administration (“DICA”) announced that companies holding an MIC permit or MIC endorsement can now apply for stay permits, work permits, and entry visas for foreign employees and their family members online starting from 1 November 2021 through the website: http://movas.dica.gov.mm/. Companies will first need to […]

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

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 terms […]

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. […]

According to the recent Directorate of Investment and Company Administration (“DICA”) announcement issued on 8th March 2019, companies who missed the 31 January deadline now have until March 30 to re-register. However, any companies who fail to re-register by this new deadline will be struck off from the registry, and will not be able to carry on business […]

Looking back, it is evident that 2018 has seen a lot of changes in the Myanmar legal framework. There is also a number of developments that can be expected in the near future. Banking regulations Until early November, foreign bank branches could only provide banking services to foreign companies, i.e., companies incorporated in Myanmar with […]

The new Myanmar Companies Law (“MCL”) introduced refreshed procedures and timing in terms of holding your Annual General Meeting (“AGM”) and filing an annual return in the Myanmar Companies Online (“MyCo”) system. The annual return form for overseas corporations (Form E-7) has been available in the MyCo system since 2 November 2018, while the  annual […]

As of late last week, online registration of mortgages and charges on the new electronic companies’ registry system, Myanmar Companies Online (“MyCO”) has become operational. This is achieved using the prescribed ‘Form H’ to comply with the statutory requirements under Section 229 of the Myanmar Companies Law 2017 (“MCL”), whereby Myanmar companies are required to […]

The recently effective Myanmar Companies Law (the “MCL”) brings about groundbreaking changes to the corporate landscape in Myanmar, as it modernizes the rules related to entities (companies, branches and representative offices) conducting business in Myanmar. Despite the changes companies still need to act so they can reap the benefits of the new measures. In this […]

No sooner was the Myanmar Companies Law passed its effective date of August 1, 2018, when the Directorate of Investment and Company Administration (“DICA”) the company regulator in Myanmar, published an announcement on ‘Anti-corruption Code of Ethics for Companies and Body Corporates’ (the “Code”). But what exactly does the Code herald for businesses? In this […]

In preparation for the launch of the new electronic companies’ registry system, Myanmar Companies Online (“MyCO”), the Directorate of Investment and Company Administration (“DICA”) is preparing a set of prescribed forms to collect the information required to be submitted to the Companies Registrar under the Myanmar Companies Law 2017 (“MCL”). In order to raise public […]

Re-register or be ceased! Directorate of Investment and Company Administration (“DICA”) has issued a draft of the Companies Regulations 2018 called Myanmar Companies (Electronic Registry System and Miscellaneous Matters) Regulations 2018 (“Regulation”) with a commencement date of 1 August 2018. The Regulation is a continuation of the Myanmar Companies Law issued in 2017 and is […]

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. […]

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 […]

In Myanmar, market access to foreign companies in petroleum products sector has dramatically changed with the introduction of the new Myanmar Investment Law and the release of MIC Notification 15/2017, while a new practice of the Directorate of Investment and Company Administration (“DICA”) makes it possible for foreigners to directly buy into existing Myanmar companies […]

On Friday March 31st 2017 the VDB Loi and Latham & Watkins hosted an event entitled “Government Guarantees for Public Private Projects in Myanmar” in Nay Pyi Taw, Myanmar. In attendance were H.E. Kyaw Win, Union Minister of Planning and Finance, U Aung Nai Oo, Director General DICA, U Win Khant, Permanent Secretary Ministry of Planning […]