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The Professional Services Sector in Malaysia
Potential for EU SMEs in the
Malaysian Professional
Services Sector
Potential for EU SMEs in the Malaysian
Professional Service Sector
Market Research Report
August
2016
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Ex-post evaluation of the impact of restructuring aid decisions on the
viability of aided (non-financial) firms
Proposal for an
Analytical Study
Potential for EU SMEs in the Malaysian Professional Services Sector Market Research Report
Publisher:
EU-Malaysia Chamber of Commerce and Industry (EUMCCI)
Suite 10.01, Level 10, Menara Atlan,
161B Jalan Ampang,
50450 Kuala Lumpur.
Malaysia
Telephone: +603-2162 6298
Fax: +603-2162 6198
E-mail: [email protected]
Homepage: http://www.eumcci.com/
Authors:
Status:
August 2016
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Disclaimer:
‘This publication has been produced with the assistance of the European
Union. The contents of this publication are the sole responsibility of the EU-
Malaysia Chamber of Commerce and Industry (EU-MCCI) and can in no way
be taken to reflect the views of the European Union’.
Copyright©2016 EU-Malaysia Chamber of Commerce and Industry. All Rights
Reserved. EUMCCI is a Non-Profit Organization registered in Malaysia with
number 263470-U. Privacy Policy
TABLE OF CONTENTS
SEBSEAM-M SECTOR REPORT: PROFESSIONAL SERVICES ................................................... 2
EXECUTIVE SUMMARY .......................................................................................................... 4
1. MALAYSIA’S POTENTIALS FOR EU SME’S ....................................................................... 8
1.1 COUNTRY PROFILE ........................................................................................................... 8
1.2 CONNECTOR BETWEEN EUROPE AND ASIA ....................................................................... 13
1.2.1 Association of South East Asian Nations (ASEAN) and its Economic
Community (AEC) ........................................................................................................13
1.2.2 Relations to the European Union ...................................................................13
1.3 POTENTIAL FOR EU’S SME’S ............................................................................................ 18
2. PROFESSIONAL SERVICES SECTOR IN MALAYSIA ....................................................... 21
2.1 MARKET STRUCTURE ........................................................................................................ 21
2.1.1 Market in Digits of the specific service, as market share growth rate ........19
2.1.2 Malaysia’s trade flows imports from EU and exports to ASEAN) .................21
2.1.3 The Malaysia trade flows with the European Union .....................................21
2.1.4 Malaysian export to ASEAN countries ...........................................................22
2.1.5 Mapping the relevant Market Players, theirs market share and USP .........22
2.1.6 Distribution channels, its major players and the challenges .......................23
2.2 ENGINEERING SERVICES .................................................................................................. 23
2.3 ARCHITECTURE, LANDSCAPE AND URBAN PLANNING SERVICES ......................................... 24
2.4 ACCOUNTING SERVICES ................................................................................................. 25
2.5 LEGAL SERVICES ............................................................................................................. 25
2.6 REGULATORY ENVIRONMENT FOR SME’S ......................................................................... 26
2.6.1 Regulations in Engineering Services and Proposed Measures ....................27
2.6.2 Regulations in Architecture, Landscape and Urban Planning Services and
Proposed Measures .....................................................................................................27
2.6.3 Regulations in Accounting Services and Proposed Measures ....................28
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2.6.4 Regulations in Legal Services and Proposed Measures ...............................29
3. KEY OPPORTUNITIES & CHALLENGES FOR EU SME’S ................................................... 31
3.1 OVERVIEW ..................................................................................................................... 31
3.2 INITIATIVES OPEN TO EU SMES ........................................................................................ 34
3.3 SWOT ANALYSIS ............................................................................................................ 35
3.3.1 Strengths ..........................................................................................................35
3.3.2 Weaknesses .....................................................................................................37
3.3.3 Opportunities ...................................................................................................37
3.3.4 Threats ..............................................................................................................38
4. CONCLUSIONS ............................................................................................................ 51
5. CONTACT POINTS ........................................................................................................ 54
6. REFERENCES ................................................................................................................. 59
7. APPENDIX..................................................................................................................... 65
7.1 LIST OF EU INCENTIVES .................................................................................................... 65
7.2 LIST OF MALAYSIAN INCENTIVES ....................................................................................... 68
LIST OF TABLES
TABLE 1: TRADE IN GOODS AND SERVICES BETWEEN EU – MALAYSIA ................................................ 17
TABLE 2: EU ENTERPRISES BY SIZE (2012) ........................................................................................ 19
TABLE 3: MAJOR INDICATORS OF THE SERVICES SECTOR (2010-2020) ............................................ 20
TABLE 4: NUMBER OF EMPLOYEES IN THE MALAYSIA ARCHITECTURAL SERVICES ................................. 24
TABLE 5: AVERAGE MONTHLY SALARY COMPARISON BY COUNTRY ................................................. 33
LIST OF FIGURES
FIGURE 1: MALAYSIA IN THE WORLD MAP ........................................................................................ 8
FIGURE 2: MALAYSIA’S GROWTH AND INFLATION OVER THE LAST YEARS .............................................. 9
FIGURE 3: ASEAN MEMBERS ........................................................................................................ 13
FIGURE 4: EU-ASEAN TRADE FLOWS AND BALANCE, ANNUAL DATA 2005 - 2015 ........................... 14
FIGURE 5: SECTORAL ANALYSIS OF THE ENTERPRISE POPULATION AND EMPLOYMENT IN SMES ............. 20
FIGURE 6: SIZE OF LEGAL SERVICE FIRMS ........................................................................................ 25
FIGURE 7: SWOT ANALYSIS OF MALAYSIAN PROFESSIONAL SERVICE SECTOR ................................... 39
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Potential for EU SMEs in the Malaysian Professional Services Sector
Market Research Report
SEBSEAM-M Sector Report: Professional Services
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Ex-post evaluation of the impact of restructuring aid decisions on the
viability of aided (non-financial) firms
Proposal for an
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Potential for EU SMEs in the Malaysian Professional Services Sector Market Research Report
SEBSEAM-M Sector Report: Professional Services
Malaysia’s recent 2015 liberalisation of the professional services sector opens
up channels for direct foreign investments and business expansion. It presents
a valuable opportunity for EU firms’ involvement in Malaysia’s fast tracked
economic development period towards the year 2020.
This sector report focuses on Malaysia’s strategic position within ASEAN and its
inherent potential as the most preferred destination for EU investment in the
professional services sector. The chapters expound on Malaysia’s
background and role in the region, its relations with the European Union, its
current development and outlook on on-going progress in major sector-
related development hotspots.
This report is composed with a focus on the style of mainstream market reports
and draws its sources from official publications of Malaysian governmental
authorities and agencies, mainstream Malaysian news portals, and
authoritative sector-related research journals. EUMCCI and its partners are
committed to the goal of providing one-stop authoritative and effective
reference publication for EU firms seeking investment and business
opportunities in multicultural and global Malaysia.
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Potential for EU SMEs in the Malaysian Professional Services Sector
Market Research Report
Executive Summary
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Executive Summary
Malaysia is centrally located in Southeast Asia and was the EU's 22nd largest
trading partner in goods (2015), with bilateral trade between the EU and
Malaysia being dominated by industrial products. Although Malaysia has not
been a major EU trading partner in services to date, there are increasing
opportunities due to the country’s liberalisation policies, which will be further
advanced with the full enactment of the EU-Malaysia Free Trade Agreement
(FTA).
Professional Services have been identified as a focus area in the 12 National
Key Economic Areas (NKEAs). The Economic Transformation Programme has
identified key Professional Service sectors that could be liberalised in order to
improve the Professional Services industry and attract foreign investment in
such as Accounting services, Legal services, Engineering services and
Architectural, Landscape and Urban Planning services.
In the past years, numerous actions were taken by the Malaysian
government to mitigate the challenges posed by different sectors for the EU
SMEs that wanted to enter the Professional Services Market in Malaysia. Efforts
were made mainly to ease the regulations and reduce the cultural
differences in business etiquette between European and Malaysian partners.
Besides, the Professional Services sector is dominated by small firms that lack
the capacity to compete on a bigger scale and there are still regulations that
obstruct the entry of foreign players.
One of the largest opportunities for EU SMEs in the Professional Services sector
in Malaysia relates to the effort that is being undertaken by the Malaysian
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government to liberalise the market, which will create new business
opportunities for foreign companies. The Economic Transformation
Programme identified key services sectors that could be liberalised, focusing
on measures to revise existing legislation as well as impose new regulations.
These efforts aim to remove restrictions for the entry of foreign companies in
the Professional Services sector in Malaysia. A streamline legal requirement
that companies operating in this sector must fulfil is to simplify taxation
requirements; and in general, to improve the ease of doing business in the
country.
The Malaysian Government has been implementing actions to attract foreign
investment and foreign companies to work in the country, in order to promote
foreign direct investment and the development of the economy. This has
mainly been performed by The Malaysian Investment Development Authority
(MIDA). Local authorities align their development strategies on several
components which include liberalisation, human capital development and
regulatory reforms.
The services sector was autonomously liberalised and its competitiveness
enhanced in an effort to attract foreign investments. Therefore, in 2012, 18
services subsectors such as wholesale and retail trade services, healthcare,
professional service, environmental service, telecommunications, courier and
education were liberalised allowing up to 100% foreign equity. This was
followed by the subsequent major subsectors such as engineering,
architecture, accounting, and legal services. The business-friendly
environment was created with the enforcement of the Competition Act in
2012 underlying a series of regulatory reforms and business process
improvement.
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The liberalisation in 2012 involved architecture, engineering, surveying,
specialised medical, and dental care. The Legal Profession Act
(Amendment) 1976 and the Legal Profession Rules 2014 (Licensing of
International Partnerships and Qualified Foreign Law Firms and Registration of
Foreign Lawyers) was also enforced in 2014. The amendment of ‘fly-in fly-out’,
allowed the foreign lawyer, advising on non-Malaysian law, to be able to
come to Malaysia and work on a project for up to 60 days in a calendar year,
subject to approval by the Department of Immigration. In addition,
amendments were also made to the Registration of Engineers Act 1967 and
Architects Act 1967.
Finally, the report includes contact points and authorised institutions for the
categorised Professional Service Sector which can be accessed by the EU
SMEs aiming to enter the Malaysian Professional Services Sector.
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Potential for EU SMEs in the Malaysian Professional Services Sector
Market Research Report
Malaysia’s Potentials for EU SME’s
01.
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1. Malaysia’s Potentials for EU SMEs
1.1 Country Profile
Malaysia is centrally located in Southeast Asia and includes two regions
separated by the South China Sea: Peninsular Malaysia, where the economic
and political centre is located; East Malaysia (consisting of the states of
Sabah and Sarawak), which shares the island of Borneo with Indonesia and
Brunei. Malaysia has a total land mass of 329,847 square kilometres (127,350
square miles), about the same size as Germany and is a federation of 13
states and three federal territories. The capital city is Kuala Lumpur, whereas
Putrajaya is the federal administrative centre . The official language of
Malaysia is Bahasa Melayu (Malay). However, English and Chinese are also
widely spoken.
Figure 1: Malaysia in the world map1
As of March 2016, the country had a total population of just over 31 million2.
Malaysia is a multi-ethnic, multicultural and multilingual society. The Malaysian
constitution guarantees freedom of religion, with Islam being the official
religion and having the largest population. 61.3% of the population practice
1Atlas of Malaysia (2016)
2Department of statistics Malaysia (2016)
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Islam, 19.8% Buddhism, 9.2% Christianity, 6.3% Hinduism, and 2.6% practice
Confucianism and other traditional beliefs and religions3.
Malaysia’s economy has presented strong growth and low inflation over the
past years, with annual GDP growth figures above 4% for all years in the past
decade (except for 2009). The country is expected to continue growing at
over 4% per annum in the following years4.
The Consumer Price Index (CPI) which measures changes over time in retail
prices of goods and services and representative of consumption expenditure
by resident households in Malaysia, showed increase in 2014 (3.2%) compared
to the previous year 2013 (2.1%).
Figure 2: Malaysia’s growth and inflation over the last years5
Since Independence, Malaysia has adopted the political system of a
parliamentary democracy with a constitutional monarch. The position is
rotated every five years among each of the nine hereditary state rulers. The
3EUMCCI (2016)
4The World Bank (2016)
5Malaysia's Transformation (2016)
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political scene has been characterised by an extraordinary degree of
political stability and continuity through an encompassing national coalition
of political parties6. The country offers a safe, stable, and comfortable lifestyle
for expats because of well-developed infrastructures and a population with a
high degree of proficiency In the English language
Infrastructure in Malaysia, being one of the best in Southeast Asia, is designed
to serve the business community. Telecommunications network served by
digital and fibre optic technology, five international airports (all with air-cargo
facilities), well-maintained highways and seven international seaports make
Malaysia an ideal springboard to the Asia-Pacific market.
During the 10th Malaysia Plan, 2011-2015, the services sector remained the
largest contributor to the Gross Domestic Product (GDP) at 53% and grew
6.3% annually. To improve the ease of doing business the government
embarked on liberalisation of 18 subsectors. Malaysia was ranked second in
the Association of Southeast Asian Nations (ASEAN) in terms of ratio of trade in
services to GDP as well as among the top 30 largest services exporters in the
world7.
In 2010, the Malaysian Government announced the “New Economic Model”
and the 10th Malaysian Economic Plan8 with the aims to promote Malaysia’s
shift to a high-income economy by 2020. This was intended to be achieved
through the implementation of an Economic Transformation Programme. The
aim was to enhance the role of the private sector and re-focus the
Government's role in the economy as a facilitator and enabler. The country
planned to leverage its competitive advantages by prioritising investment
and policy support behind a limited number of key growth engines. Hence,
6EUMCCI A (2016)
7Malaysian Investment Development Authority A (2016)
8Tenth Malaysia Plan (2016)
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the Economic Transformation Programme 9 focused on 12 National Key
Economic Areas (NKEAs) which received prioritised government support
including funding, top talent search, and Prime Ministerial attention. The 12
National Key Economic Areas (NKEAs) are: Oil, Gas & Energy, Palm Oil,
Wholesale & Retail, Financial Services, Tourism, Electronics & Electrical,
Business Services, Communications, Content & Infrastructure, Education,
Agriculture, and Healthcare. In the 11th Malaysia Plan, 2016-2020, the service
sector will continue to be the primary driver of the economic growth. Greater
focus will be given to the modern and knowledge-intensive industries,
including halal certification , ecotourism and information, communications
and technology (ICT)10.
The Malaysian Government is committed to the ongoing support of growth in
the non-NKEA sectors. However, it will focus its efforts on the NKEAs due to the
significance of the contribution of these parts of the economy.
The programme also identified six Strategic Reform Initiatives (SRIs) made up
of supportive policies that will drive Malaysia’s global competitiveness,
namely:
1. Competition, Standards & Liberalisation
2. Public Finances Reform
3. Public Service Delivery
4. Narrowing Disparities
5. Government’s Role in Business
6. Human Capital Development
9Overview of ETP (2016)
10Malaysia's liberalised market and strong economy brings European opportunity (2015)
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The main thrust of the SRIs is to create an efficient, competitive, and business-
friendly environment in Malaysia. This will allow world-class local champions to
thrive as well as attract valuable foreign investment. The first results of these
reforms are already having an impact with the market liberalisation of
Malaysia service sectors, whereby, engineering and architectural services
are allowing foreign businesses to more easily register foreign professional
staff and legally have local subsidiaries11.
11Malaysia's liberalised market and strong economy brings European opportunity (2015)
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1.2 Connector between Europe and Asia
1.2.1 Association of South East Asian Nations (ASEAN) and its Economic Community (AEC)
Malaysia has a privileged location in the heart of Southeast Asia, representing
a gateway to the region and providing a link between China and India, in
addition to being an English-speaking hub alternative to Singapore 12 .
Malaysia is a founding member of the Association of South East Asian Nations
(ASEAN). ASEAN is a political and economic organisation of Southeast Asian
countries that was created in 1967 with the aim of promoting commerce and
accelerating growth among its members and increasing regional stability.
Current ASEAN membership is composed of 10 members (Brunei Darussalam,
Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore,
Thailand, and Vietnam) and 1 observer (Papua New Guinea).
Figure 3: ASEAN members13
ASEAN is an important trade partner of the EU with EU countries exporting
more than €80,000 million in goods and services to ASEAN countries, as of
2015, and importing close to €120,000 million, as can be seen in Figure 4.
12Atlas of Malaysia B (2016)
13European Commission A (2016)
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Figure 4: EU-ASEAN Trade flows and balance, annual data 2005 - 201514
The establishment of the ASEAN Economic Community (AEC) in 2015 was a
major milestone in the regional economic integration agenda in ASEAN,
offering opportunities in the form of a huge market of €2,322.32 million and
over 622 million people. In 2014, AEC was collectively the third largest
economy in Asia and the seventh largest in the world15.
The AEC Blueprint 2025 was adopted by the ASEAN Leaders at the 27th
ASEAN Summit on 22nd November 2015. Kuala Lumpur is aiming at achieving
the vision by 2025 of having an AEC that is highly integrated and cohesive,
competitive, innovative, and dynamic with enhanced connectivity and
sectoral cooperation and a more resilient, inclusive, people-oriented, people-
centred community, integrated with the global economy. This Blueprint will
not only ensure that the 10 ASEAN Member States are economically
integrated but are also sustainably and lucratively in the global economy,
thus contributing to the goal of shared prosperity.
14European Commission A (2016)
15Association of Southeast ASIAN Nations (2016)
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Malaysia is also a partner of the Trans-Pacific Partnership (TPP), having signed
the agreement on 4th February 2016. The TPP is a trade agreement among 12
Pacific Rim countries but it has not yet been instated. The TPP is intended to
boost economic growth, support higher-paying jobs, enhance innovation,
productivity and competitiveness, raise the living standards and promote
transparency, good governance, strong labour, and environmental
protection.
In terms of trade regulations, it is important to acknowledge that Malaysia is a
member of the following Treaties and has signed the Agreements identified
below.
• Asia-Pacific Economic Cooperation (APEC)
• Association of Southeast Asian Nations (ASEAN)
The Association of Southeast Asian Nation (ASEAN) is a regional
organisation comprising ten Southeast Asian states which promotes
intergovernmental cooperation and facilitates economic integration
amongst its members since its formation on August 8, 1967 by
Indonesia, Malaysia, the Philippines, Singapore, and Thailand.
• ASEAN Free Trade Area (AFTA)
Under AFTA, six members of the Association of Southeast Asian Nations
(ASEAN) cut tariffs on nearly 8,000 items. The six countries include
Malaysia, Indonesia, Singapore, the Philippines, Brunei, and Thailand.
Four of the less developed ASEAN nations such as Cambodia, Laos,
Burma, and Vietnam will have a further period to phase in the tariff cuts.
The elimination of tariffs should result in product price reductions
throughout ASEAN and consumers will benefit from cheaper prices of
goods.
• Customs Convention on the Temporary Admission of Goods (A.T.A.
Convention)
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• Economic and Social Commission for Asia and the Pacific (ESCAP)
• Indian Ocean Rim Association for Regional Cooperation (IOR-ARC)
1.2.2 Relations to the European Union
In accordance with the Delegation of the EU to Malaysia, cooperation on
trade and economic issues has been the driving force for closer ties between
the EU and Malaysia. In October 2010, the Malaysian Prime Minister Najib
Razak and the EU leaders launched two major EU-Malaysia bilateral initiatives,
the negotiations for:
• the Free Trade Agreement (FTA) and
• the Partnership and Cooperation Agreement (PCA).
These two initiatives are respectively aimed at boosting bilateral trade and
investment and at creating a new strategic dimension for the EU-Malaysia
political dialogue and economic cooperation. Seven rounds of the FTA
negotiations have taken place so far. Technical work is currently still ongoing.
However, no new negotiating rounds have been planned yet16.
The EU is also gradually establishing cooperation with Malaysia in areas falling
under the Common Foreign and Security Policy (CFSP) such as maritime
security, export control and Chemical, Biological, and Radiological & Nuclear
risk. Under the Migration EU Expertise ll(MIEUX II) facility, European experts are
providing training to Malaysian authorities to effectively manage migration
through improved border management practices and procedures and to
control irregular migration with regards to human rights practices. To further
foster relations, the EU and Malaysia set up a joint Inter-Parliamentary Union
16European Commission B (2016)
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caucus in November 2010. It has 42 members representing both the
government and opposition coalitions. (SEBSEAM Report, 201517).
In 2011, Malaysia was the EU's 23rd largest trading partner in goods. Bilateral
trade between the EU and Malaysia is dominated by industrial products. The
EU mainly imports machinery and appliances and mainly exports electrical
equipment and machinery (both ways industrial products account for more
than 90% of trade). Other sectors of relevance in terms of EU imports from
Malaysia are plastics, rubber, animal, vegetable fats, and oils. In terms of
exports, mechanical products. EU imports from Malaysia have gradually
increased since 2003, although experiencing a significant decrease in 2008-
2009 (16% fall). Apart from fisheries, EU exports have also seen a growing trend
since 2000, but with an 18% decrease in 2008-2009 due to the economic
downturn.
Table 1: Trade in goods and services between EU – Malaysia
Year Trade in goods EU – Malaysia Trade in services EU – Malaysia
EU
imports
EU
exports
Balance EU
imports
EU
exports
Balance
2012 18,800 14,500 -4200 3,000 3,900 800
2013 18,400 14,300 -4100 3,000 4,800 1,600
2014 19,600 14,000 -5700 3,200 4,700 1,400
In million €
Source: European Commission
Although Malaysia has not been a major trading partner in services so far,
opportunities are increasing due to the country’s liberalisation policies and
17EUMCCI (2016)
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they will further advance with the full enactment of the FTA. In 2009, Foreign
Direct Investment inflows to Malaysia were €1.1 billion18.
In terms of trade regulations, it is important to acknowledge that Malaysia is a
member of the following Treaties and has signed the Agreements identified
below
• International Convention on the Harmonized Commodity Description
and Coding System (HS Convention)
• International Convention on the Simplification and Harmonization of
Customs Procedures (as amended) (Revised Kyoto Convention)
• World Customs Organization (WCO)
• World Trade Organization (WTO).
The WTO is an intergovernmental organisation which regulates
international trade. The WTO commenced on 1 January 1995 under the
Marrakesh Agreement, signed by 123 nations on 15 April 1994. The WTO
deals with regulation of trade between participating countries by
providing a framework for negotiating trade agreements and a dispute
resolution process aimed at enforcing participants' adherence to WTO
agreements, which are signed by representatives of member
governments.
1.3 Potential for EU SMEs SMEs are often referred to as the backbone of the European economy
providing a potential source for jobs and economic growth. The EU is home to
a vast number of SMEs including many companies working in the professional
services sector. Among these SMEs there is a growing number of them that
are internationalising and seeking new markets, with the Malaysian market
18European Commission B (2016)
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representing potential internationalisation opportunities for EU professional
services SMEs looking to expand and internationalise their activities.
SMEs are defined by the European Commission as having less than 250
employees. They should also have an annual turnover of up to €50 million or
a balance sheet total of no more than €43 million (European Commission
Recommendation of 6 May 2003). These definitions are important when
assessing which enterprises may benefit from EU funding programmes aimed
at promoting SMEs as well as in relation to certain policies such as SME-
specific competition rules.
Table 2: EU enterprises by size (2012)
Number of
enterprises
Number of
employees Value added
thousands € millions
All enterprises 22.347 133.767 6.184.825
SMEs 22.303 89.690 3.557.448
Large enterprises 44 44.078 2.627.377
Source: European Commission19
As can be seen in Table 2, SMEs represent over 50% of the employment and
value added of all enterprises in the EU, operating in a variety of sectors,
including professional services, as observed in Figure 5.
19European Commission B (2016)
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Figure 5: Sectoral analysis of the enterprise population and employment in SMEs20
Although Malaysia has not been a major EU trading partner in services so far
(services exports from the EU to Malaysia totalled €4,7 million in 2014, as seen
in Error! Reference source not found.), opportunities have been increasing
due to its liberalisation policies and will further advance with a Free Trade
Agreement.
The liberalisation policies being implemented in Malaysia are creating new
opportunities in the service sector. Namely, for EU professional services SMEs,
the Malaysian market represents an important potential for expansion either
by exporting directly to the country, or by setting up their operations in
Malaysia and exploring the market using a local base. There are several EU
incentives designed to support European SMEs entering new markets such as
Malaysia. These incentives are described in the Appendix section.
20Eurostat Statistics Explained (2016)
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2. Professional Services Sector in Malaysia
2.1 Market Structure
The services sector in Malaysia in which Professional Services are included has
been accounting for an increasing share of the Malaysian economy and
contributing close to 50% of GDP21, as Malaysia moves towards becoming a
developed nation. A greater emphasis is being targeted on the development
of the services sector to propel and sustain the economy. Professional
Services include a wide range of occupations which provide support to
businesses of all sizes in different areas of activity. They cover activities which
require a high degree of training and make specialised knowledge and skills
available to users. The Malaysian Standard Industrial Classification (MSIC)
under Section M classifies Professional Services as follows22:
a) legal and accounting activities,
b) activities of head offices,
c) management consultancy activities,
d) architecture and engineering activities,
e) technical testing and analysis,
f) scientific research and development,
g) advertising and market research,
h) other professional, scientific and technical activities, and
i) veterinary activities
The Professional Services sector in Malaysia is expanding and has gained the
government’s support for its development as it can be a major contributor to
the growth of the Malaysian economy23. The sector assumes an important
intermediary role in supporting businesses and trade in all sectors of the
21MPC (2016)
22Royal Malaysian Customs Department (2016)
23DSD (2016)
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economy and generates a large number of employment and business
opportunities. Generally, the Professional Services industry in Malaysia is
dominated by small firms that lack the capacity to compete on a bigger
scale.
Professional services have been identified as a focus area in the NKEAs as it is
one of the sub-sectors with the potential to move Malaysia towards high-
income nation status by 2020. The Malaysian Government Economic
Transformation Programme identified key professional service sectors that
could be liberalised in order to improve the Professional Services industry and
attract foreign investment as follows :
1. Engineering services - Engineering activities and related technical
consultancy include the provision of engineering services, building
inspection services, as well as the performance of physical, chemical,
and other analytical testing services, engineering activities and related
technical consultancy;
2. Architectural, Landscape, and Urban Planning services –
Architectural, Landscape and Urban Planning activities and related
technical consultancy include the provision of architectural services,
drafting services, surveying and mapping services, as well as
architectural related technical consultancy.
3. Accounting services - Accounting activities include services such as
auditing of accounting records, preparing financial statements, and
bookkeeping;
4. Legal services – Legal practitioners specialise in one or more areas of
law, including probate, matrimonial, employment, company,
commercial, litigation and, conveyance law.
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2.1.1 Market in Digits of the specific service, as market share growth rate
Malaysia was ranked second in the Association of Southeast Asian Nations
(ASEAN) in terms of ratio of trade in services to GDP and was amongst the top
30 largest services exporters in the world. Small and medium enterprises (SMEs)
in the service sector constituted 90% of total SMEs and contributed 20% of
GDP24.
It is planned that by 2020 the Service value added will increase to € 796.722
from the €5 5571.825 in 2015. The average annual growth rate planned with
the 10th Malaysia Plan was achieved and was 6.3 %. It is planned that this
value will be increased with the 11th Malaysia Plan and the target value is
6.9%25.
There was a growth in the services sector share of the GDP from 2011 until
2014. It was noted that there was on average 6.7% growth in the wholesale
and retail trade subsectors26. On the other hand, in the same time-period the
communication subsector expanded to values of 8.8% annually, driven
mainly by the strong demand for the communication services. The
transportation and the storage subsectors had a growth of 5%. As a result of
the vibrant financing activities and capital market, the finance and insurance
subsector grew at 4.7%. The highest productivity growth was recorded in the
ICT subsector which increased by 14.3%. The utilities, ICT and finance and
insurance subsectors continuously surpassed the overall productivity level in
the services sector.
In 2012 the Malaysian government liberalised 18 subsectors which allowed up
to 100% foreign equity in wholesale and retail trade services, healthcare,
24European Commission B (2016)
25Transforming Services Sector (2016)
26Malaysia’s Transformation (2016)
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professional services, environmental services, telecommunications, courier,
and education. The liberalisation initiative was completed by the
Government enforcing the “Competition Act” and undertaking the series of
regulatory reforms and business process improvements.
Table 3: Major Indicators of the Services Sector (2010-2020)
e: Estimate; f: Target
Source: Economic Planning Unit, Malaysia Productivity Corporation, and
Department of Statistics Malaysia27
It was realised that the key challenges in the services sector was the
insufficient skilled human capital and skills mismatch, low export capabilities,
complex regulatory framework, weak institutions, inadequate access to
27Malaysia’s Transformation (2016)
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financing, and low technology adoption. The skills mismatch is reflected by
the relatively high unemployment among graduates which was 25% in 2013.
The services exports are concentrated mainly in the travel and tourism service
while exports in ICT professional health and business services remain relatively
low. Based on the Economic Census 2011, only 66 firms from 560456 services
firms were found to be exporting services. The major constrains in exports were
identified as lack of understanding of exports market particularly for SMEs, as
well as limited collaboration and access to export financing. The professional
services subsector grew 9.8% annually from 2011 to 2013. It is important to
emphasise that there was an increase in the professional services firms from
19,215 in 2010 to 20,372 in 2012.
2.1.2 Malaysia’s trade flows imports from EU and exports to ASEAN)
The Malaysian transition towards developed national status as part of the
government Vision 2020 plan is reflected in the profile of exports and imports
over the long term, particularly with emphasis on strengthening the high
value-added industries such as machinery, chemical, and other
manufacturers28 . Trade flows will continue to reflect the transition toward
developed nation status. This is supported by trade liberalisation efforts both
through the recent signing of the Trans-Pacific Partnership as well as further
ASEAN integration under the formation of the ASEAN Economic Community29.
2.1.3 The Malaysia trade flows with the European Union
To establish the trend of the Malaysia trade flows with Europe and the
European Commission, statistics were considered. Malaysia’s total trade with
the European Union in 2015 was €36,117 million; €22,757 million were imports
28Malaysia Trade Forecast Report (2016)
29Ibid.
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and €13,360 million were exports. There was a balance of minus €9,397
million. Malaysia was ranked 14th as an EU import partner and ranked 27th
as an EU export partner30. The top products traded were 9.7 % Agricultural
products, 0.1% Fishery products, and 90.2% Industrial products31.
2.1.4 Malaysian export to ASEAN countries
As of 2011, export of professional services from Malaysia were limited to only
80 professional affiliates operating abroad with 5,946 employees and €82.6
million in value-added generated. Malaysia has committed to opening
Mode Three, which is commercial presence abroad and Mode Four allowing
movement of native persons in selected Free Trade Agreements (FTAs).
Malaysia has signed several MRAs with ASEAN counties involving engineering,
architecture, nursing, dental, medical, accounting, and surveying professions.
2.1.5 Mapping the relevant Market Players, their market share and USP
It is important to map the relevant market players. Therefore, the professional
services firms will be encouraged to build up capability and scaling in niche
areas through partnership with larger corporations or form multi-disciplinary
consortia when bidding for projects. This will enable the professional services
firms to leverage on the thrust, synergy, and share of technical know-how
that are established when venturing abroad.
The Exporter Development Program (EDP) under MATRADE will be enhanced
through a demand-driven tailored program by providing knowledge on
market access, global trade requirements, trade practices, and advisory
services.
30European Commission B (2016)
31Ibid.
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Nearly two-thirds of export growth in the decade 2021-2030 will be
underpinned by growth in three sectors: machinery and transport,
manufacturers and chemicals. This represents an increase of 22% points, up
from just 42% in 2015-20. In contrast, raw materials and mineral fuels will
contribute around one-quarter of export growth in 2021-2030, down from
nearly 50% in 2015-20. It is designed that China will overtake Singapore as the
largest export market for Malaysian goods by 2030. Other major export
destinations will be Singapore, Japan, USA, and India. The composition of
import by origin will also mirror that of the destination of exports. Strong growth
of around 14% p.a. in 2021-2030 will see China leapfrog Singapore as the
largest market of origin for goods imports by 203032.
2.1.6 Distribution channels, its major players and the challenges
Professional services sector in Malaysia is dominated by SMEs which lack
capacity to adopt technology and capability to compete abroad. It is
difficult for the industry to understand and comply with the regulations which
lead to higher cost of doing business. Moreover, the professional services are
short of talent since the graduates lack the required technical skills, soft skills,
and the ability to work across different cultures. The shortage, especially, of
specialised talents in the industries such as oil and gas, aviation,
maintenance, repair and overhaul, and construction is reducing the growth
of these industries.
In the 11th Plan, the design is to transform the subsector by raising quality of
human capital, undertaking regulatory reform, and enhancing exports. In
addition, the plan is that Malaysia will be promoted as an outsourcing centre
for professional services to expand export opportunities in knowledge-
32Malaysia Trade Forecast Report (2016)
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intensive areas. Moreover, the good regulatory practices will be enhanced by
simplified and expeditious licensing and accreditation processes to ensure
timely approval and reduce cost of doing business.
2.2 Engineering Services
Professional engineering services include engineering services and advice
related to any feasibility study, planning, survey, design, construction,
commissioning, operation, maintenance and management of engineering
works or projects, and any other services performed by engineers. Apart from
the main activities, professional engineering services also include the design
and construction of:
• residential, commercial and industrial development
• petroleum, petrochemical plant and process
• mining plant and process
• electronic and electrical equipment
• industrial machinery design and microelectronic
• transportation, transportation equipment, and power
• telecommunication, broadcasting, utility, industrial waste, and
construction
• project management, research and development, environmental
consulting, and engineering advisory among others.
There are 30,000 professional engineers registered by the Institution of
Engineers, Malaysia (IEM), with an annual growth rate of 10%. The engineering
profession is regulated by the Registration of Engineers Act 1967. Only
registered graduate and professional engineers are allowed to practice
engineering in Malaysia33.
33The Institution of Engineers Malaysia (2016)
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2.3 Architecture, Landscape and Urban Planning Services
In regards to the architectural services, there are basic services obtainable
such as schematic design work, design development, contract
documentation, contract implementation, and management. In addition,
some supplementary services are included such as survey and investigating,
planning and development, and supplementary design.
Malaysian architectural services are regulated by the Ministry of Works.
Architectural Consultancy Practices must be registered by the Board of
Architects Malaysia.
Table 4: Number of employees in the Malaysia Architectural Services
Profession Number
Professional Architects 1,785
Graduate Architects 1,679
Interior Designers 480
Building Draughtmen 159
APEC Architect 23
ASEAN Architect 35
Architectural Body Corporate 238
Architectural Partnership 91
Architectural Sole Proprietorship 1,062
Multi Disciplinary Practices 38
Interior Design Body Corporate 17
Interior Design Partnership 1
Interior Design Sole Propritorship 16
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2.4 Accounting Services
The activities within professional accounting services, mainly, include auditing
of accounting records, preparing financial statements, and bookkeeping. The
list of services offered include:
• Recording of commercial transactions from businesses or others
• Preparation or auditing of financial accounts
• Examination of accounts and certification of their accuracy
• Preparation of personal and business income tax returns, and advisory
activities
• Representation on behalf of clients before tax authorities
By the middle of 2015, there were 1,407 audit firms and 836 non-audit firms
providing other accountancy related services. In 2014, there were 145 new
audit and non-audit firms registered in Malaysia. Apart from the local players,
the main world´s leading professional firms such as EY, KPMG, Deloitte, and
PwC are present and operating in the market. Because of the lack of
expertise and resources many of the Malaysian SMEs experience problems in
accounting functions and outsource these services, in addition to looking for
professional advisory services to help prepare financial reporting.
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2.5 Legal Services
Figure 6: Size of Legal Service Firms
The legal services sector in Malaysia is a competitive market with 5,300
players, with the majority of them being small law firms (1 to 5 lawyers),
constituting 4,718 firms, and accounting for almost 90% of all the law firms
operating in the Malaysian market34.
The removal of barriers to enter the legal sector has improved Malaysia´s
professional services sector thereby boosting trade and investments as well
as by giving an opportunity for the local legal firms to build expertise, raise
standards, and increase their competitive offer.
2.6 Regulatory Environment for SME’s
There are a series of regulations in Malaysia that can impede entry of foreign
players together with cumbersome procedures that decrease the efficiency
of doing business and overlapping regulations across Ministries/Agencies/
34The Malaysian Bar (2016)
89%
10%
1%
Size of legal practices (2016)
1-5 Lawyers 6-30 Lawyers >30 Lawyers
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Sectors. Even so, these problems have been identified by the Malaysian
Government which is now implementing strong efforts to liberalise the
Professional Services market and have included this topic in the Economic
Transformation Programme35.
The Programme identified key services sectors that could be liberalised –
accounting, legal, engineering, architectural, landscape and urban
planning -- focusing on measures to revise existing legislation as well as
impose new regulations. These include a set of proposed measures that are
being implemented and that will make the regulatory environment in
Malaysia considerably friendlier to foreign companies: reducing restrictions to
the entry, streamlining legal requirements, simplifying taxation requirements
and generally improving the ease of doing business in the Professional
Services Sector36.
An important breakthrough in the liberalisation of the Professional Services
sector was achieved on 24th February 2015, when the Ministries decided to
remove the requirement of Malaysian citizenship for foreign professionals. This
is a major step in the liberalisation process as it will enable foreign
professionals to register and work in Malaysia and to fully own a company.
Another change is that engineering consultancies no longer need to be 100%
owned by professional engineers. Apart from the required 70% shares owned
by professional engineers, non-engineers can own 30% shares in the firm.
There are no regulations for these 30%. This is intended to solve the problem
of financing and make it easier for those companies to expand
internationally37.
35Professional Services (2016)
36Ibid.
37EUMCCI (2016)
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2.6.1 Regulations in Engineering Services and Proposed Measures
The regulation of Engineering services is defined by the Registration of
Engineers Act 1967 (ACT 138), with the regulator being the Ministry of Works
(Board of Engineers Malaysia38). “Engineering Consultancy Practice” means a
sole proprietorship, partnership, or body corporate providing professional
engineering services. Business registration for an Engineering Consultancy
Practice and application for registration of Body Corporate as an Engineering
Consultancy Practice is the responsibility of the Board of Engineers Malaysia.
The proposed measures in Engineering Services include expediting the
enactment of the proposed Construction Industry Payment and Adjudication
Act (CIPAA), for quick resolution of payment and accelerating the proposed
amendment to the Limitation Act 1953 (Act 254) and ensuring a business-
friendly environment by limiting the liability period of professional engineers to
15 years and making insurance premiums affordable. Also included are
measures expediting the proposed amendments to the Registration of
Engineers Act (Act 138) to remove equity restrictions (i.e. open to any persons
or bodies) and citizenship requirement for Engineering Consultancy Practices
and the implementation of Professional Competency Examination (PCE),
making it mandatory for all engineers.
2.6.2 Regulations in Architecture, Landscape and Urban Planning Services, and Proposed Measures
The regulation of Architecture services is defined by the Architect Act 1967
(ACT 117) and the regulator is the Ministry of Works (Board of Architects
Malaysia39). “Architectural Consultancy Practice” means a sole proprietorship,
partnership, or body corporate incorporated under the Companies Act 1965
38Board of Engineers Malaysia (2016)
39Ibid.
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[Act 125] providing architectural consultancy services. Business registration for
an Architects Consultancy Practice and application for registration of Body
Corporate as an Architectural Consultancy Practice is the responsibility of the
Board of Architects Malaysia.
Proposed new measures in Architectural Landscape and Urban Planning
Services include the amendment of the Architects Act 1967 (Act 117) in order
to ease the entry of foreign architects to allow:
• Foreign architects to practice by registering with the Board of
Architects;
• The Board of Architects to determine the level of foreign equity
participation in joint-venture corporate body and partnership
arrangements;
• Foreign architects to be employed in projects wholly financed by
foreign governments or implemented under any form of arrangement
with the Government of Malaysia with the condition that they must
have temporary registration;
• For public and private projects, foreign architects to practice in
collaboration with local architects registered with the Board of
Architects.
The measures also include the acceleration of the introduction of a new
Landscape Architects Act with no equity restrictions for golf courses and
theme park subsectors and the development of domestic capacity building
to enhance capability of local landscape architects. The negotiation of
Mutual Recognition Arrangements (MRAs) with ASEAN countries to facilitate
market access and the accreditation of tertiary education programs for
urban planning is to be based on International standards to protect and
safeguard public interest.
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2.6.3 Regulations in Accounting Services and Proposed Measures
The regulation of Accounting services is defined by the Legal Profession Act
1976 (ACT 1976) with the regulator being the Ministry of Finance. All firms in
public practice are described as firms of Chartered Accountants (CA) or
Licensed Accountants (LA) and are registered as member firms of the
Malaysian Institute of Accountants (MIA)40. Public practice services include
accounting, audit, liquidation, tax, and other related services. Business
registration and application for approval to establish a Chartered
Accountants or Licensed Accountants firm is required from the MIA.
The set of proposed measures around Accounting Services include the
removal of foreign equity restrictions for accountancy services which will
facilitate the entry of foreign companies. In addition, the Malaysian
Government intends to amend the Accountants Act 1967 to allow for other
forms of practices, e.g. body corporate or limited liability partnerships, and
allow co-ownership of accountancy practices with professionals from other
allied disciplines. Further, the proposed measures include the incorporation of
a Competency Assessment Programme (CAP) into the Malaysian Institute of
Accountants' Chartered Accountants Relevant Experience (CARE)
programme to ensure that accounting graduates acquire the appropriate
degree of professional capabilities and competence in order to qualify as
Chartered Accountants. The Malaysian Government is also planning to
introduce a competency assessment on Malaysian business and taxation
laws for foreign accountants to familiarise them with the Malaysian
accountancy system.
2.6.4 Regulations in Legal Services and Proposed Measures
40Malaysian Investment Development Authority B (2016)
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The regulation of Legal Services is defined by the Legal Profession Act 1976
(ACT 1976) with the regulator being the Malaysian Bar Council 41 . Legal
services include services rendering legal advice and dispensing legal
representation in matters pertaining to international laws. Business registration
for a Law Firm and application for approval to establish a law firm is required
from the Malaysian Bar Council.
The proposed measures in Legal Services include the amendment of the
Legal Profession Act 1976 to relax restrictions on foreign lawyers and to
promote Malaysia as a centre for Islamic finance. Also, it is proposed that
foreign law firms be allowed to practice in Malaysia via International Joint
Law Partnerships and the registration of foreign lawyers be allowed in the
following permitted areas:
• Islamic Finance and/or Shariah-based or Shariah-compliant
transactions
• International debt and equity capital markets
• Asset securitisation
• Derivatives and structured products
• Corporate banking and corporate transactions
41The Malaysian Bar B (2016)
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Key Challenges & Opportunities for EU SME’s
03.
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3. Key Opportunities & Challenges for EU SMEs
3.1 Overview
The Professional Services sector is knowledge-intensive in nature and being
highly differentiated and offering high-value skills and services. Companies
working in this sector can charge a premium for these services which
translates into higher wages and profit margins 42 . In developed nations,
Professional Services continue to drive change, boost economic growth, and
increase efficiency. In the case of Malaysia, Professional Services have been
identified as a focus area in the NKEAs as it is one of the sub-sectors with the
potential to move the country towards high-income nation status by 2020.
The main challenges for EU SMEs who want to enter the Professional Services
Market in Malaysia can be divided into general challenges in doing business
in the country and challenges for this specific sector.
Regarding the general challenges in doing business in Malaysia, it is important
to consider the following constraints43:
• Censorship: Malaysia has a large Muslim population and censorship
laws are amongst the strictest in the world. This may directly impact
marketing activities in Malaysia, requiring changes to the way products
or services are advertised;
• Regulation: New foreign investment in Malaysia often requires licensing
that can involve various regulatory bodies. Prospective investors can
contact the Malaysian Ministry of International Trade as a first step;
42MPC (2016) This does not exist, updated and found
43ANZ (2016)
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• Sales channels: Establishing direct sales channels can be difficult, costly
and time consuming for foreign companies. A practical solution is to
partner with a local agent or distributor in Malaysia.
• Islamic financial practices: Malaysia is considered the world’s largest
Islamic financial centre and by 2020 it is estimated that over 50% of its
finance and banking sector will be Shariah -compliant. The Quran
prohibits the charging of interest in financial transactions, although
alternative commercial arrangements can be made.
• Translation where appropriate: Although English is widely used as a
language for business transactions, the use of translation services are
advised in formal negotiations to avoid any misunderstandings.
The key challenges for EU SMEs in the Professional Services sector in Malaysia
are connected to the challenges this sector faces in general and include the
following44:
• The sector in Malaysia is dominated by small firms (representing over
97% of all companies, as of 201045) that lack the capacity to compete
on a bigger scale;
• Financial institutions do not consider these small firms to be key client
segments and are rarely prepared to offer them the financial
assistance they need to expand and achieve economies of scale;
• The existence of regulations that impede entry (expansion) of foreign
players, and cumbersome procedures that decrease the efficiency of
doing business;
• Overlapping regulations across Ministries/Agencies/ Sectors.
44Overview of ETP (2016)
45SME Corp (2011)
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Although there are some challenges in the sector of Professional Services in
Malaysia, this is a growing area of the economy with vast potential for
foreign companies. Productivity growth in Malaysia within the Professional
Services sector grew 5.8% in 2014 (compared with 8.5% growth in 2013).
Despite steep declines in productivity growth, the accounting, engineering,
and legal services industries all posted high productivity growth rates of 7.2%,
6.5% and 6.4% respectively in 201446.
To address the challenge posed by the fact that the Professional Services
sector in Malaysia is dominated by small firms and to enhance the
capabilities of small companies, the Malaysian Government has provided an
incentive for mergers and acquisitions of small and medium service providers
named “Incentive for Merger and Acquisition (M&A) of Small and Medium
Service Providers”47. This incentive includes a flat tax rate of 20% on all taxable
income for a period of five years effective from the date of merger and the
exemption of stamp duty on the merger document is aimed at building up
the capacity and enhancing the competitiveness of local service providers in
the global arena. Mergers and acquisitions are meant to create new brands,
open up access to new markets, and unlock economies of scale.
Legal professionals in Malaysia have the highest average monthly salary
(USD2,108) among the professional services but make just a third of what their
counterparts earn in the United States (USD6,443) and Singapore (USD6,300).
Salaries for engineers, architects and financial professionals are also
comparatively higher in these countries.
46 Overview of ETP (2016)
47SME Corp B (2016)
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Table 5: Average Monthly Salary Comparison by Country
Job specialisation United States Malaysia Australia Singapore
Engineering 7,383 1,846 5,711 3,461
Architecture 5,920 1,559 4,167 4,119
Accounting &
Finance 5,737 1,765 5,056 4,871
Legal 6,443 2,108 5,960 6,300
Figures in USD
Source: Malaysia Productivity Corporation (MPC)48
This means that the salaries paid in the Professional Services sector in Malaysia
are very competitive, which, represents an opportunity to European
companies who are looking to enter this market. Even so, the tightening of the
regulatory environment is expected to increase legal and compliance hiring
activity during the following years as companies may need to pay more to
secure the highest-calibre workers. This dynamic is expected to boost the
overall salary scale of professionals within these industries and challenge
companies to increase productivity despite rising labour costs.
One of the biggest opportunities for EU SMEs in the Professional Services sector
in Malaysia is the effort that is being taken by the Malaysian Government to
liberalise this market. This is included in the Economic Transformation
Programme that will create many new business opportunities for foreign
companies. The Programme identified key services sectors that could be
liberalised including accounting, legal, engineering, architecture , landscape
architecture , and urban planning focusing on measures to revise existing
legislation as well as impose new regulations. It also reviewed Integrated
Engineering Services and Multi-Disciplinary Practices in order to provide
48MPC (2016) does not exist anymore, real one now
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opportunities for Foreign Service providers without compromising the integrity
and quality of service delivery. These liberalising measures which are detailed
in section 2.6 - “Regulatory Environment for SMEs” aim to remove restrictions
on the entry of foreign companies in the Professional Services sector in
Malaysia ie:
• Streamline the legal requirements companies operating in this sector must
fulfill
• simplify taxation requirements and
• generally improve the ease of doing business in the country.
3.2 Initiatives Open to EU SMEs
The Malaysian Government has been taking actions to attract foreign
investment and foreign companies to work in the country in order to promote
foreign direct investment and the development of the economy. In the
services sector, this promotion is mainly performed by The Malaysian
Investment Development Authority (MIDA) 49 which is the government's
principal agency for the promotion of the manufacturing and services sectors
in Malaysia as well as supporting business and science parks that host
multinational and local companies, such as the Kulim Hi-Tech Park50. MIDA is
involved in the liberalisation and opening effort taken by the Malaysian
Government in the Professional Services sector by being responsible for
facilitating foreign investments into the services sector through a National
Committee for Approval of Investments in the Services Sector. This Committee
acts as a focal point to receive and process applications for investments in
the services sector excluding investments in financial services, air travel,
utilities, Economic Development Corridors, Multimedia Super Corridor (MSC)
and Bio-nexus status companies, and distributive trade.
49Malaysia Productivity Corporation (2016)
50Malaysia Kulim Hi-Tech Park (2016)
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MSC Malaysia through the Malaysia Digital Economy Corporation (MDEC)
facilitates the ICT and ICT-facilitated businesses. It provides a set of Incentives
to enhance their products and services.
1. Incentives for Investments - In Malaysia, tax incentives both direct and
indirect are provided for in the Promotion of Investments Act 1986,
Income Tax Act 1967, Customs Act 1967, Sales Tax Act 1972, Excise Act
1976, and Free Zones Act 1990. These Acts cover investments in the
manufacturing, agriculture, tourism (including hotel) and approved
services sectors as well as R&D, training, and environmental protection
activities.
2. Pioneer Status - Providing competitive financial incentives including
Pioneer Status (100% tax exemption) for up to 10 years of the investment
Tax Allowance for 5 years and no duties on the import of multimedia
equipment51.
3. Investment Tax Allowance - As an alternative to Pioneer Status, a
company may apply for Investment Tax Allowance (ITA). A company
granted ITA is entitled to an allowance of 60% on its qualifying capital
expenditure (factory, plant, machinery, or other equipment used for the
approved project) incurred within five years from the date the first
qualifying capital expenditure is incurred.
4. Allowing unrestricted development of local and foreign knowledge
workers.
5. Ensuring freedom of ownership by exempting companies with ASC
Status from local ownership requirements.
6. Affording the freedom to source capital globally for MSC infrastructure
and the right to borrow funds globally.
51MSC Malaysia (2016)
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3.3 SWOT analysis
This section presents a SWOT analysis of the Malaysian Professional Services
main strengths, weaknesses, opportunities, and threats. Much of the analysis
draws on the points already described in this report, however, this SWOT
analysis thus intends to provide a synopsis and enable European companies
to better evaluate the Malaysian Professional Services market and weigh the
most important pros and cons in relation to their business.
3.3.1 Strengths
Government policies aimed at attracting foreign companies and workers – As
explored in more detail in section 3, the Malaysian Government has been
taking actions to attract foreign investment and foreign companies. In the
services sector, this promotion is mainly performed by The Malaysian
Investment Development Authority (MIDA) 52 which is the government's
principal agency for the promotion of the manufacturing and services sectors
in Malaysia.
Incentives for mergers and acquisitions of small and medium service
providers - The Malaysian Government has provided an incentive for mergers
and acquisitions of small and medium service providers aimed at building up
the capacity and enhancing the competitiveness of local service providers in
the global market. Mergers and acquisitions are meant to create new brands,
open up access to new markets, unlock economies of scale, and they can
be used by foreign companies to acquire local companies and enter the
market.
Incentives to attract foreign investment – MIDA is responsible for facilitating
foreign investments into the services sector through a National Committee for
52Malaysian Investment Development Authority C (2016)
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Approval of Investments in the Services Sector. This Committee acts as a focal
point to receive and process applications for investments in the services
sector excluding investments in financial services, air travel, utilities, Economic
Development Corridors, Multimedia Super Corridor (MSC) and Bio-nexus status
companies, and distributive trade.
Talented working force – The Malaysian government has introduced a
national transformation framework which aims to drive the country toward
being an advanced nation by 2020. Presently the workforce of Malaysia has
straggled behind the standard of high-income nations. The country suffers
from shortage of skilled workers and weak productivity growth arising from a
lack of creativity and innovation in the workforce, inclusive of an overall
dependency on unskilled and low wage migrant workers53. In 2010, 58% of the
Malaysia labour force had only a secondary level education; 13.2% had
primary level of education and 2.6% had no formal education. This implies
that nearly 73.8% of the Malaysian labour force in 2010 was low-skilled.
Therefore, the government of Malaysia recognised the need for drastic
measures to improve the country’s human capital weaknesses to develop a
workforce talent base that can be compared to the standards of regional
peers and high-income countries.
Low price level in Professional Services – Malaysian salaries are quite low
when compared with that in developed countries with an English-speaking
population. A positive outlook is also that the majority of people are fluent in
English. Legal professionals in Malaysia, who have the highest average
monthly salary among the professional services (USD2,108) are paid just a third
of what their counterparts earn in the United States (USD6,443) and Singapore
53Structural Policy Country Notes Malaysia (2016)
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(USD6,300). Salaries for engineers, architects, and financial professionals are
also comparatively lower in Malaysia than in developed countries54.
Strong economic growth - Malaysia’s economy has presented strong growth
over the past years with annual GDP growth figures above 4% for all years in
the last decade (except for 2009). The country is expected to continue
growing at over 4% per year in the following years55.
Use of English as a business language - Although the country’s official
language is Malay (Bahasa Melayu), most Malaysians have a high English
language level proficiency.
3.3.2 Weaknesses
Lack of transparency – The legal requirements and the way public institutions
work in Malaysia are not always transparent which may create difficulties for
foreign investors.
Policies and regulations are not always strictly followed – The policies and
regulations defined in law are not always strictly followed by the public
services which adds uncertainty to the bureaucratic processes, especially to
foreign companies which are not well familiarised with legal proceedings as
local companies are.
Excessive number of regulations – Although the Malaysian Government is
taking efforts to streamline regulations there are still an excessive number of
regulations which may be cumbersome to new market entrants.
Islamic financial practices which may not be familiar to foreign companies –
Malaysia is considered the world’s largest Islamic financial centre and by 2020
it is estimated that over 50% of its finance and banking sector will be Shariah
54MPC (2016)
55The World Bank (2016)
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compliant56. Islamic finance has some restrictions such as the prohibition of
charging of interest in financial transactions, although alternative commercial
arrangements can be made.
3.3.3 Opportunities
Growing Professional Services sector – The Professional Services sector in
Malaysia is expanding as part of the service sector and has gained the
government’s attention to support its development as it is a major contributor
to the growth of the Malaysian economy57.
Liberalisation of the Professional Services sector - The Malaysian Government
is making an effort to liberalise the Professional Services market, having
included this topic in the Economic Transformation Programme58, aiming to
create many new business opportunities for foreign companies.
Streamlining and simplifying business procedures - The liberalisation of the
Professional Services market in the Economic Transformation Programme also
includes a set of measures to streamline legal requirements, simplify taxation
requirements, and generally improve the ease of doing business in the
Professional Services Sector59.
Increasing demand for high-quality professional services – The development
of the Malaysian Professional Services sector, which is growing and getting
more sophisticated; it is creating demand for an increased number of higher
quality professional services.
56ANZ (2016)
57DSD (2016)
58Professional Services (2016)
59Ibid.
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Talent drain and lack of proven know-how in certain areas forces Malaysia to
get professional services from outside the countries – The fact that the
Professional Services sector in Malaysia is still not as complete as in leading
developed countries coupled with the fact that the salaries are considerably
lower is leading to some talent drain and the need to obtain professional
services from foreign companies.
3.3.4 Threats
Foreseeable high level of competition – With the liberalisation of the
Professional Services market in Malaysia and the increased openness to
foreign companies, it is expected that there will be higher levels of
competition in this area in the future.
Tightening of the regulatory environment which may raise salaries – The
Malaysian Government is tightening the regulatory environment for hiring
professionals in the Professional Services sector which is expected to increase
legal and compliance hiring activity during the following years. Companies
may need to pay more to secure the highest-calibre workers60. This dynamic is
expected to boost the overall salary scale of professionals within these
industries and challenge companies to increase productivity despite rising
labour costs.
60MPC (2016)
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SWOT ANALYSIS
STRENGTHS
• Government policies aimed at
attracting foreign companies
and workers
• Incentives for mergers and
acquisitions of small and
medium service providers
• Incentives to attract foreign
investment
• Talented working force
• Low price level in Professional
Services
• Strong economic growth
• Use of English as a business
language
WEAKNESSES
• Lack of transparency
• Policies and regulations are not
always strictly adhered to
• Excessive number of regulations
• Islamic financial practices
which may not be familiar to
foreign companies
OPPORTUNITIES
• Growing Professional Services
sector
• Liberalisation of the Professional
Services sector
• Streamlining and simplifying
business procedures
• Increasing demand for high-
quality professional services
• Talent drain and lack of proven
know-how in certain areas
forces Malaysia to get
professional services from
outside the countries
THREATS
• Foreseeable high level of
competition
• Tightening of regulatory
environment which may raise
salaries
Figure 7: SWOT Analysis of Malaysian Professional Service Sector
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Conclusions
04.
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4. Conclusion
The Professional Services sector in Malaysia offers opportunities for EU SMEs
adept at dealing with the existing regulations and with ability to differentiate
themselves so as to compete with the domestic and international players in
the market. However, there are several factors which should be taken into
consideration before entering the market. The Porter´s Five Forces Analysis
and SWOT analysis are intended to help European companies to better
evaluate the Malaysian Professional Services market and weigh the most
important pros and cons in relation to their business.
The main challenges for EU SMEs who want to enter the Professional Services
Market in Malaysia include the existence of strict censorship, cumbersome
regulation, Islamic financial practices, and cultural differences in business
etiquette. Also, the Professional Services sector is dominated by small firms
that lack the capacity to compete on a bigger scale and there are still
regulations that impede the entry of foreign players.
The Professional Services sector in Malaysia is dynamic. One of the largest
opportunities for EU SMEs in the sector is the effort that is being taken by the
Malaysian Government to liberalise this market which can create many new
business opportunities for foreign companies. The Economic Transformation
Programme identified key services sectors that could be liberalised, including
accounting, legal, engineering, architecture , landscape architecture , and
urban planning, and are focusing on measures to revise existing legislation as
well as impose new regulations. These efforts aim to:
• remove restrictions on the entry of foreign companies in the Professional
Services sector in Malaysia,
• streamline the legal requirements companies operating in this sector must
fulfill,
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• simplify taxation requirements and
• generally improve the ease of doing business in the country.
Small-scale manufacturing companies incorporated in Malaysia with
shareholders’ funds not exceeding €110.005 and having at least 60%
Malaysian equity are eligible for the following incentives:
1. Pioneer status with an income tax exemption of 100% of the statutory
income for a period of five years or
2. Investment Tax Allowance of 60% on the qualifying capital expenditure
incurred within five years.
3. Industrial Building Allowance is granted to companies incurring capital
expenditure on the construction or purchase of a building that is used
for specific purposes including manufacturing, agriculture, mining,
infrastructure facilities, and, research etc. Such companies are eligible
for an initial allowance of 10% and an annual allowance of 3%. As such
the expenditure can be written off in 30 years.
4. Exemption from import duty on raw materials / components: full
exemption from import duty can be considered for raw
materials/components, regardless of whether the finished products
are meant for the export or domestic market.
The ongoing liberalisation process of the Professional Services sector can be
assessed as a positive signal for the EU SMEs. By easing the tight regulations,
foreign professionals can enter untapped opportunities of less explored
Malaysian market.
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Contact Points
05.
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5. Contact Points
EU SME Helpdesk
URL: http://www.eu-sme.com.my/sebseam-
m/homePage.do?action=init&preLogin=1
Contact Number: +60321626298
Summary: The EU SMEs looking for business opportunities in Malaysia can
access the EU SME Helpdesk to get relevant information and professional
advice from qualified experts. The EU SME Helpdesk is a project co-funded by
the European Commission and led by the EU-Malaysia Chamber of
Commerce & Industry (EUMCCI). It aims at promoting Malaysia as a direct
trade market and as an easy, cost-effective gateway to the ASEAN market of
600 million consumers.
IPR SME Helpdesk
Ministry of Works (Board of Engineers Malaysia) European IPR Helpdesk:
URL: https://www.iprhelpdesk.eu/
Contact Number: +352252233333
Summary: EU SMEs involved in transnational partnership agreements can get
a free of charge support on Intellectual Property (IP) and Intellectual Property
Rights (IPR) matters on the European IPR Helpdesk.
East Asia Business Exchange:
URL: http://www.eabex.org/
Contact Number: +60362867320
Summary: To be updated regarding the regional initiatives in the East Asia
region, interested entities may join the East Asia Business Exchange (EABEX),
aimed at enhancing the competitiveness of the SMEs in the region. This
business matching portal provides access to buyers and sellers from 13 Asian
countries and valuable business tools.
EU-Malaysian Chamber of Commerce and Industry (EUMCCI)
URL: www.eumcci.com
Contact Number: +603-2162 6298
Summary: EUMCCI offers business support for EU companies in Malaysia and
ASEAN. With its Smart Technology Committee and broad network to urban
development stakeholders, it is the first touchpoint for provider of smart city
solutions.
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For details on the contact points and authorised institutions on the
categorised Professional Service Sector, please refer to the following links.
• Accounting Services:
http://myservices.miti.gov.my/documents/10180/fef3a047-e779-4dca-
9dd0-b9efb428a45b
• Legal Services:
http://myservices.miti.gov.my/documents/10180/fd07a086-c887-4ffd-
8caf-c9bdf2c23b42
• Engineering Services:
http://myservices.miti.gov.my/documents/10180/80e88dc2-b4f6-4560-
8e02-13030323d101
• Architectural Services:
http://myservices.miti.gov.my/documents/10180/5f33c23a-f84a-4211-
beba-5d23e554dd86
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General Malaysian Contact Points:
Malaysian Investment Development Authority (MIDA)
URL: http://www.mida.gov.my
Contact Number: +603-2267 3633
Summary: Malaysia’s principal agency promoting investments in the nation and has
dedicated departments promoting green technology procurement; another primary
contact point for EUES-related incentives
Malaysia Digital Economy Corporation Sdn. Bhd. (MDEC)
URL: http://msc.mdec.my/
Contact Number: +603-8315 3000
Summary: MDEC has been given the mandate for implementing the national digital
transformation and leads the Multimedia Super Corridor (MSC).
Malaysian Industry-Government Group for High Technology (MIGHT)
URL: http://www.might.org.my/
Contact Number: +603 8315 7888
Summary: MIGHT is a platform organized under the Prime Minister’s office bringing
together private, governmental and academic stakeholders.
InvestKL
URL: http://www.investkl.gov.my/default.aspx
Contact Number: +603 2260 2270
Summary: InvestKL is a Government entity under the Ministry of International Trade
and Industry (MITI), Ministry of Federal Territories and PEMANDU, the Performance
Management and Delivery Unit under the Prime Minister’s Department. It works with
other government ministries, entities and agencies to formulate attractive fiscal
packages, and help corporations identify business opportunities while strengthening
their competitiveness regionally and globally. Also, InvestKL is a general contact
point for investments in the Greater Kuala Lumpur area.
Malaysian Global Innovation & Creativity Centre (MaGIC) URL: http://mymagic.my/en/
Contact Number: +603-8324 4800
Summary: Centre for local Malaysian entrepreneurship cultivation; the centre
presents opportunities for cooperation with Malaysian start-ups.
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Sector-Specific Malaysian Contact Points:
Malaysian Institute of Accountants
URL: http://www.mia.org.my
Contact Number: +603-2279 9200
Summary: MIA is an umbrella body for the accountancy profession in Malaysia and is
under Ministry of Finance through the Accounting Generals Department. MIA
responsibilities include education and quality assurance as well as enforcement as
well as a contact point for accounting business registrations.
Bar Council of Malaysia
URL: http://www.malaysianbar.org.my/
Contact Number: +603-2032 4511
Summary: The Malaysian Bar aims to uphold the rule of law and he cause of justice
and to protect the interest of the legal profession as well as that of the public. It is a
contact point for legal business registrations, application for principal and
operational approvals, and taxation matters.
Ministry of Works (Board of Engineers Malaysia)
URL: http://www.bem.gov.my
Contact Number: +603-2610 7095
Summary: BEM role is to facilitate the registration of engineers and regulate the
professional conduct and practice of registered engineers in order to safeguard the
safety and interest of the public. BEM is the contact point for engineering business
registrations, principal and operational approvals.
Ministry of Works (Board of Architects Malaysia)
URL: http://www.lam.gov.my
Contact Number: +603-2698 2878
Summary: Board of Architects Malaysia is a statutory authority for the enforcement
of Architects. The function of the board is: registration of architects, registration of
architectural consultancy practices, registration of their conduct and ethics,
conducting examinations for admission to the profession, accreditation of
architectural programmes etc. It is a contact point architecture-related business
registrations, principal and operational approvals.
Inland Revenue Board / Lembaga Hasil Dalam Negeri (HASIL)
URL: http://www.hasil.gov.my/
Contact Number: +603-7713 6666
Summary: Inland Revenue Board of Malaysia is a government body of the Ministry of
Finance, which is the country’s responsible institute for taxation.
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References
06.
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6. References
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.svg/500px-ASEAN_members.svg.png
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2015 Market Report/19cf71d8-b12a-4a1f-9534-b56e875fba4e
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19. Ibid.
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_size_class_analysis
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oa/Bussiness_JD129509.pdf
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Malaysia's_Transformation.aspx
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27. Ibid.
28. Malaysia Trade Forecast Report. (2016). Retrieved December 23, 2016, from
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29. Ibid.
30. European Commission B. (2016). Retrieved December 23, 2016, from
http://ec.europa.eu/trade/policy/countries-and-regions/countries/malaysia/
31. Ibid.
32. Malaysia Trade Forecast Report. (2016). Retrieved December 23, 2016, from
https://globalconnections.hsbc.com/global/en/tools-data/trade-forecasts/my
33. The Institution of Engineers Malaysia. (2016). Retrieved December 23, 2016, from
http://www.myiem.org.my
34. The Malaysian Bar. (2016). Retrieved December 23, 2016, from
http://www.malaysianbar.org.my/general_notices/bc_general_statistics_2013.ht
ml
35. Professional Services. (2016). Retrieved December 23, 2016, from
http://etp.pemandu.gov.my/Selected_Sectors-@-Professional_Services.aspx
36. Ibid.
37. EUMCCI. (2016). The Professional Services Sector In Malaysia. Retrieved
December 23, 2016, from
http://www.eumcci.com/documents/13347/87588/Professional Services Sector
2015 Market Report/19cf71d8-b12a-4a1f-9534-b56e875fba4e
38. Board of Engineers Malaysia. (2016). Retrieved December 23, 2016, from
http://www.bem.org.my/v3/index.html
39. Ibid.
40. Malaysian Investment Development Authority B. (2016). Retrieved December 23,
2016, from http://www.mida.gov.my/home/incentives-in-services-sector/posts/
41. The Malaysian Bar B. (2016). Retrieved December 23, 2016, from
http://www.malaysianbar.org.my
42. MPC. (2016). Retrieved December 23, 2016, from http://www.mpc.gov.my/wp-
content/uploads/2016/04/Productivity-Report-201415.pdf
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43. ANZ. (2016). Retrieved December 23, 2016, from
http://www.anzbusiness.com/countries/malaysia.html#.VucdJPnRjDc
44. Overview of ETP. (2016). Retrieved December 23, 2016, from
http://etp.pemandu.gov.my/About_ETP-@-Overview_of_ETP.aspx
45. SME Corp. (2016). Retrieved December 23, 2016, from
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oa/Bussiness_JD129509.pdf
58. Professional Services. (2016). Retrieved December 23, 2016, from
http://etp.pemandu.gov.my/Selected_Sectors-@-Professional_Services.aspx
59. Professional Services. (2016). Retrieved December 23, 2016, from
http://etp.pemandu.gov.my/Selected_Sectors-@-Professional_Services.aspx
60. MPC. (2016). Retrieved December 23, 2016, from http://www.mpc.gov.my/wp-
content/uploads/2016/04/Productivity-Report-201415.pdf
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Appendix
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61. Appendix
7.1 List of EU Incentives
As SME owner, it is possible to benefit from EU funding through grants, loans or,
guarantees. Support is available either directly (with EU grants) or through
programmes managed at national level. SMEs can also benefit from a series
of non-financial assistance measures in the form of programmes and business
support services.
Small businesses and start-ups are the major beneficiaries from the
Competitiveness and Innovation framework programme which runs between
2014 and 2020. More than 1.1 billion euros of EU funding will be directed to
loans and risk capital investments to help 350,000 SMEs start up, grow and
innovate. In addition to that, 2.6 billion euros will fund actions to help SMEs
bring innovative ideas to the market, to apply ICT and renewable energy
technologies, and benefit even more from the internal market.
Structural Funds Direct aid to SMEs in order to co-finance their investments is
only possible in the economically less developed regions (the so-called
'convergence' regions). In other regions, priority has been given to actions
having a high leverage effect (e.g. entrepreneurship training, support
services, business incubators, technology transfer mechanisms, networking,
etc.), as opposed to direct aid to individual SMEs.
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Num. Providing Agency Incentive
1 European Investment
Fund (EIF)
COSME Loan Guarantee Facility (LGF)
The COSME Loan Guarantee Facility (LGF) is a
window of the Single EU Debt Financial
Instrument which supports European
enterprises' growth and research and
innovation (R&I). LGF is part of COSME
(Programme for the Competitiveness of
Enterprises and Small and Medium-sized
Enterprises), an initiative launched by the
European Commission and managed by EIF.
Through COSME LGF, EIF offers guarantees
and counter-guarantees, including
securitisation of SME debt finance portfolios, to
selected financial intermediaries (e.g.
guarantee institutions, banks, leasing
companies, etc.) to help them to provide
more loans and leases to SMEs. By sharing the
risk, COSME guarantees allow the financial
intermediaries to expand the range of SMEs
they can finance, facilitating access to debt
finance for many SMEs who might be having
difficulties in accessing the traditional banking
system.
http://www.eif.org/what_we_do/guarantees/s
ingle_eu_debt_instrument/cosme-loan-facility-
growth/index.htm
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2 European Investment
Fund (EIF)
InnovFin SME Guarantee Facility
The InnovFin SME Guarantee Facility will be
deployed by eligible local banks, leasing
companies, guarantee institutions, etc. which
are selected after a due diligence process
following the launch of a Call for Expression of
Interest. Once selected by EIF, these local
partners act as financial intermediaries.
EIF, acting for both EIF and the EU as the
implementing body, covers a portion of the
losses incurred by the financial intermediaries
on loans, leases and guarantees between EUR
25 000 and EUR 7.5 million which they provide
under the InnovFin SME Guarantee Facility. In
this way, the EU and EIF allow the provision of
more debt financing to innovative SMEs and
Small Mid-caps (up to 499 employees)
http://www.eif.org/what_we_do/guarantees/s
ingle_eu_debt_instrument/innovfin-guarantee-
facility/
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7.2 List of Malaysian Incentives
Num. Providing Agency Incentive
1 Malaysian
Investment
Development
Authority (MIDA)
I-incentives (One Stop Centre for Incentives)
URL:
https://incentives.mida.gov.my/Incentives/Mo
dules/Public/IncentiveList.aspx
Summary:
• One-Stop online portal for Malaysian
Federal Government offered incentives.
• Notable PS-related incentives:
o Incentive for Industrial Design
Services Providers (Engineering-
related)
o Principal Hub Incentive (General –
suitable for firms providing strategic
services)
o Independent Accredited
Conformity Assessment Body (ICAB)
(Accounting-related; suitable for
certification-service firms)
2 Multimedia Super
Corridor (MSC)
MSC Status
URL:
http://www.mscmalaysia.my/what_is_msc_ma
laysia_status
http://msc.mdec.my/
Summary:
Potentials for
• Eligible for foreign and local ICT-based
and ICT-facilitated business.
• 100% exemption from statutory income.
• 100% Investment Tax Allowance (ITA)
• Eligibility for R&D Status.
• IT-capable/IT-integrated professional
services firms.