Asia-PacificPolicy Updates

Malaysia Announces New MM2H Rules, Scraps Route to PR

The Malaysian Tourism, Arts and Culture Ministry (MoTAC) has unveiled its revised Malaysia My Second Home (MM2H) program.

This is the second update the MM2H has undergone in less than a year as the government tries to make the program more attractive to high-net-worth individuals (HNWIs) after the program’s much-maligned 2021 terms.

The new MM2H regulations maintain the three-tier framework without any income requirements structure that MoTAC introduced in December 2023 but introduce changes to the program’s criteria.

The new guidelines include two considerable changes: MoTAC has changed the residency permit under the Platinum tier from permanent residency to a 20-year permit and lowered the fixed deposit amount for the Gold tier from RM2 million to RM1 million.

MoTAC also announced an MM2H category for special economic zones (SEZ) and special financial zones (SFZ) but has yet to release any details on that pathway.

The fixed deposit amounts under the new regulations are:

  • Silver: RM500,000 (approx. US$105,000)
  • Gold: RM1 million (approx. US$420,800)
  • Platinum: RM5 million (approx. US$1.05 million)

Silver tier MM2H residency permits are valid for five years, gold for 15 years, and platinum for 20 years. All residency permits are renewable.

Investors can withdraw 50% of their fixed deposit after a one-year holding period to purchase a property or pay for healthcare or local tourism within Malaysia.

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However, MoTAC has introduced restrictions on property acquisition. MM2H holders can only purchase property valued at least RM600,000 for the Silver tier, RM1 million for the Gold tier, and RM2 million for the Platinum tier, compared to the previous regulations of RM750,000 for the Silver and Gold tiers and RM1.5 for the Platinum tier.

Under the withdrawal and minimum property value restrictions, Platinum tier MM2H holders can withdraw a maximum of RM2.5 million but must purchase a property for at least RM2 million. The Gold tier allows a maximum withdrawal of RM500,000 and acquire a property of at least RM1 million, while the Silver tier can withdraw a maximum of RM250,000 and must acquire a property valued at RM600,000.

MM2H holders, regardless of tier, cannot resell their property for ten years. However, they can upgrade to a property with a higher value during that period.

MoTAC has maintained the MM2H's previous dependent parameters, allowing main applicants to add their spouse, dependent children, and dependent parents to their application. To qualify, main applicants must be at least 25 years old.

Applicants must also reside 60 days a year in Malaysia, irrespective of their tier. The new regulations maintain residency flexibility, though, as the principal applicant or dependents can fulfill the physical residency requirement on behalf of MM2H holders aged 25-49.

Agents need to reapply for licenses

MoTAC revision of the MM2H has led to licensing delays, and agents must now qualify under the revamped criteria to renew their licenses.

MoTAC Minister Datuk Seri Tiong King Sing addressed the subject, saying, "We have no intention of making things difficult for anyone. Instead, we hope to establish a more complete mechanism to protect the interests of all parties."

The updated requirements for renewing a license are:

  • Company Structure: Must be a private limited company incorporated under the Companies Act 2016 [Act 777].
  • Capital Requirement: Minimum paid-up capital of RM200,000.
  • Bank Account: Only shareholders and directors or officially appointed individuals can sign company bank accounts.
  • Shareholders: Must be 100% Malaysian citizens or Malaysian-owned entities.
  • Conflict of Interest: Shareholders must not have equity in any licensed MM2H company under the Tourism Industry Act 1992 [Act 482].
  • Foreign Involvement: Foreign individuals/companies cannot hold shares but can be board members with approval and must not be MM2H participants.
  • Board Composition: At least 51% of the Board must be Malaysian citizens.
  • Employment: At least 51% of management and professional employees must be Malaysian citizens.
  • Company Name: Must include "(MM2H)" in the registration with the Companies Commission of Malaysia (SSM).
  • Business Nature: The nature of the company's business in SSM must state MM2H-related activities or consultancy.
  • Operating Area: Headquarters and branches must operate in urban areas within the city council or municipal areas.
  • Premises Size: Minimum office space of 100 square feet for headquarters and branches.
  • Foreign Entities: Must register any foreign entities/businesses dealing on behalf of the company for MM2H promotion/recruitment.
  • Contract Notification: Must notify the Commissioner of any contracts with foreign entities within thirty days.
  • Service Fees: MM2H operators can charge service fees as follows:
    • Platinum: RM70,000
    • Gold: RM55,000
    • Silver: RM40,000
    • Special Zones: RM40,000

  • Deposit Collection: Operators can collect up to 20% of the total service fee as a deposit.
  • Bank Guarantee: Must provide a bank guarantee of RM200,000 for participant compensation and protection.
  • Contract Compliance: Must comply with set service fee rates and deposit percentages.
  • Standardized Agreement: Must prepare standardized terms and conditions for MM2H participant agreements.
  • Legal Compliance: Must be free from any penalties under the Tourism Industry Act 1992 [Act 482] or the Tourism Vehicles Licensing Act 1999 [Act 594] and have no outstanding claims in the Malaysian Consumer Claims Tribunal.

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Ahmad Abbas AdministratorAuthorSubscriberParticipant
Director of Content Services , Investment Migration Insider

Ahmad Abbas is Director of Content Services at Investment Migration Insider and an 8-year veteran of the investment migration industry.

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