Quick answer
A Chinese enterprise investing overseas generally needs three sets of procedures: a filing (or approval) with the National Development and Reform Commission (NDRC) under the Measures for the Administration of Overseas Investment by Enterprises; a filing (or approval) with the Ministry of Commerce (MOFCOM), which issues the Enterprise Overseas Investment Certificate; and ODI foreign-exchange registration, which under SAFE rules is handled through a bank. Investments in non-sensitive countries and industries such as most Malaysian businesses usually follow the filing route. Government and third-party fees are paid by the client.
Last reviewed: · Reviewed by:ONEKEY BIZ compliance team
01
Overview
For a Chinese company, setting up in Malaysia is only half the work. Sending capital out of China to fund the Malaysian company requires outbound direct investment (ODI) procedures — without them, banks will not remit the investment funds and later profit repatriation becomes difficult.
Three regulators are involved. NDRC reviews the investment project: non-sensitive projects are filed, and larger ones — Chinese investment of US$300 million or more — are filed at national level. MOFCOM records the enterprise's overseas investment and issues the Enterprise Overseas Investment Certificate; sensitive countries or industries require approval instead. Foreign-exchange registration, under SAFE's rules since 2015, is then completed through a bank before funds are remitted.
The documents must describe the same investment consistently — amount, structure, overseas company and business plan — and match what is being set up in Malaysia. We coordinate both sides: the PRC filings and the Malaysian incorporation and bank account, so the investment arrives where it should.
Who needs this
- Chinese companies setting up a Malaysian subsidiary
- Chinese groups increasing capital in an existing Malaysian company
- Chinese investors acquiring a Malaysian company
02
Documents you need to prepare
Chinese investor
- Business licence and articles of association
- Latest audited financial statements
- Shareholder or board resolution approving the investment
Investment
- Investment proposal and business plan
- Investment amount and source of funds
- Shareholding structure of the overseas company
Malaysian entity
- SSM company information or incorporation plan
- Proof of the overseas company's details
- Sensitive countries or industries require approval rather than filing.
- Government and third-party professional fees are paid by the client.
03
How to get it done with ONEKEY BIZ
- 1Structure review Week 1
Investment route, amount and structure planned.
- 2Document preparation Week 1–3
Proposal, business plan and supporting documents compiled.
- 3NDRC filing Per NDRC
Project filed with the relevant NDRC.
- 4MOFCOM filing Per MOFCOM
Overseas investment recorded; certificate issued.
- 5Bank FX registration After certificates
ODI FX registration completed; funds remitted.
You do
- Provide company and financial documents
- Approve the investment internally
We do
- Plan the ODI structure
- Prepare and file with NDRC and MOFCOM
- Coordinate bank FX registration
- Align with the Malaysian incorporation
04
What you receive
Project filing confirmation.
Issued by MOFCOM.
Completed through the bank, enabling remittance.
Rules and requirements in detail
Official sources
Frequently asked questions
Is Malaysia a sensitive country?
Malaysia is generally not; most Malaysian investments follow the filing route, subject to the industry.
Can we remit capital without ODI?
Banks generally will not remit outbound investment funds without the ODI procedures.
Do you handle the Malaysian side too?
Yes — incorporation, bank account and licences.