Management team of a Malaysian SB does not need a work pass to be a member of management team. Normally, working in Malaysia means or has to be proven by a more permanent stay or physical stay in Malaysia and carries out his/her duties in Malaysia under certain contractual obligations.
By obtaining Malaysia’s business trip visa entering Malaysia for attending short meetings with customers or with members of the Board of Directors should not be considered as working in Malaysia.
In many ways, a member can reside outside Malaysia and still perform and discharge his/her duties as a Malaysian SB’s management by giving his/her instruction via all types of communication. Therefore, the requirement of a work pass is irrelevant in this situation.
A person who physically work in Malaysia shall apply to Malaysian Industrial Development Authority (“MIDA”) for obtaining the work pass. The approving committee comprises of officials from MIDA itself, Immigration and the Labour Department. Alternatively, an application can be made to Immigration Department for a six (6) months working pass.
In summary, Malaysia’s business ventures are operating not only in clear and define rules and regulations but they are also supported by a well enforceable and effective legal system, including the various structures of business entities. Hence, rest assured with your investment in Malaysia, just get the right people to manage your business and you will have your return.