Guidelines on Application for Licence: Tour Operating Business & Travel Agency Business
1. Application requirements:
(a) Private limited company incorporated under the Companies Act 1965.
(b) In compliance with the issued paid-up capital and equity limit requirements as set out in Appendix A (Companies having foreign equity exceeding 51% equity are not permitted to hold the tourism vehicle licence – in the case of companies in Sabah, Sarawak and the Federal Territory of Labuan).
(c) Shareholders shall not have any interest (share equity) in any other tourism agency company licensed under the Tourism Industry Act 1992.
(d) Shareholders (foreign company) shall have been in operation in their countries of origin for at least 5 years.
(e) The name of the company shall signify a company undertaking the tour operating business and travel agency business (travel, tours, holiday, vacation, adventure, etc.).
(f) The Memorandum and Articles of Association or Form 11 (Notice of Resolution) shall state that the business conducted is the tour operating business and travel agency business (“To carry on business in tour operating business and travel agency business”).
(g) Free from any compound under the Tourism Industry Act 1992 or the Tourism Vehicles Licensing Act 1999 (Sabah, Sarawak and the Federal Territory of Labuan).
2. Documents Required:
(a) Memorandum and Articles of Association (MAA)
(b) Form 9 (Certificate of Incorporation of Private Company)
(c) Form 11 (Notice of Resolution) – if applicable
(d) Form 13 (Certificate of Incorporation on Change of Name of Company) – if applicable
(e) Form 24 (Return of Allotment of Shares)
(f) Form 32A (Form of Transfer of Securities) – if applicable
(g) Form 44 (Notice of Situation of Registered Office and Office Hours and Particulars of Changes)
(h) Form 49 (Return Giving Particulars in Register of Directors, Managers and Change of Particulars)
(i) MyKads (Malaysian citizen) / Passports (non-Malaysian citizen) of shareholders and members of the Board of Directors
(j) Proof of Work Experience:
Letter of confirmation of work experience from previous or current employer for shareholders / members of the Board of Directors /staff.
Resume for shareholders / members of the Board of Directors / staff.
Form 24 & Form 49 & the registration of the relevant company if the Director and shareholder are owners / directors of other companies; and
MAA & Form 24 & Form 49 & company profile if the shareholder is a corporation.
(k) A copy of the Certificate of Registration of Company and company licence in the case of shareholder is a foreign company. Such copy of the document shall be verified by the Malaysia Tourism Promotion Board (Tourism Malaysia) / Embassy of Malaysia / Office of the High Commissioner of Malaysia in the relevant country.
(l) Academic certificates in the field of tourism/business of the shareholders / members of the Board of Directors / employees (if any).
(m) Letter of business cooperation with foreign tourism agency, in the case of application for Outbound licence.
(n) Draft of the proposed tour packages that will be offered, in the case of application for Inbound / Outbound licence.
(o) Working paper containing business planning, target numbers of tourist arrivals in Malaysia and short-term revenue for companies with shareholders are foreign companies.
(p) A copy of the latest audited annual financial statement which has been submitted to and verified by the Companies Commission of Malaysia, in the case of companies previously licensed by the Ministry of Tourism and Culture but whose licence has expired / has been revoked.
Licence Fees (1 year) for different service scopes:
|Inbound + Outbound
|Inbound + Ticketing
|Outbound + Ticketing
|Inbound + Outbound + Ticketing
(Source: Ministry of Tourism, Arts and Culture Malaysia)