1. In accordance with paragraph 48 of the Foreign Exchange Management Regulation, resident shall not take foreign loans from abroad or conduct other types of borrowing abroad or documents that are likely to be loans without the prior approval of the Central Bank, and shall comply with the provisions of the Central Bank.
2. As per para1, resident, who wants to seek an offshore loan, to get the approval of the Central Bank of Myanmar may apply directly or through Myanmar Investment Commission to the Central Bank of Myanmar by the following documents:
(a) An application which is addressed to “the Central Bank of Myanmar, Office No(55), Nay Pyi Taw”.
(b) Relevant documents with regard to the company’s profile such as Company Registration Certificate, Form VI, Form XXVI, Memorandum of Association, Memorandum of Articles, etc.
(c) If the company has been already established, financial statements for the current year and previous year as approved by an external certified auditor, who should be a Certified Public Accountant.
(d) Loan Agreement (Draft) including repayment schedule for the proposed loan and other relevant data.
(e) Bank Credit advices evidence of equity transferred to the company (borrower).
(f) Other documentary evidence.
3. Based on the submitted documents, the Central Bank of Myanmar will review and scrutinize the following facts, and approve or reject the proposal:
(a) Whether the amount of equity capital of the applicant exceeds USD 500,000.
(b) Whether the applicant (borrower) has an access to a matching foreign exchange income or not.
(c) Whether the borrower is able to repay the loan from the income generated from domestic business, and has plans to mitigate the exchange risk even if he or she does not have a foreign exchange income.
(d) Whether the borrower has already transferred 80% of equity committed in MIC permit or not.
(e) Whether Debt to Equity Ratio is within a maximum of 3:1 and 4:1 or not.
(f) Whether there are completion and correctness of terms and conditions mentioned in loan agreement and documents or not.
(g) Whether the loan tenure is medium-term or long-term, and loan repayment schedule is consistent with loan agreement or not.