Professional Documents
Culture Documents
FORM04 FORM FIMI Foreign Production Provisional Certificate 00812957
FORM04 FORM FIMI Foreign Production Provisional Certificate 00812957
Received Date :
Reference No :
Names of Company Director(s) Nationality Residency (past two years) Address of Company Director(s)
Shareholder(s) in the
Applicant Company Nationality Residency (past two years) Percentage (%) of ownership
* If the applicant Company is a subsidiary, please state the ultimate holding company by including a copy of the group company structure with details on common
shareholdings and directorships with this application
If the production company is different from the applicant company OR if a Special Purpose Vehichle (SPV) is established for the Project, please
provide the following details:
Names of Company Director(s) Nationality Residency (past two years) Address of Company Director(s)
Owner(s) of copyright Nationality Residency (past two years) Percentage (%) of ownership
PROJECT TITLE
FORMAT (Please colour the boxes accordingly and refer to the Film In Malaysia Incentive (FIMI) Guidelines for Foreign Production for definitions)
Filming format Film Digital
A series or season
Drama
Total number of episodes Total number of episodes to produce in Malaysia
Animation
Total number of episodes Total number of episodes to produce in Malaysia
Documentary
Total number of episodes Total number of episodes to produce in Malaysia
NOTE: FIMO may require viewing material which represents the proposed Project e.g. a prior season of a series or photo stills to assess the viability of the
Project. If this becomes necessary, you will be contacted to furnish the materials. Project for assesment purposes.
mins. = total
X actual episode actual running
No. of episodes length time:
Example: Number of episodes: 13 x actual episode length 22 mins = total actual running time: 286 mins
Date to apply for the FIMI Final Certificate (2 Months after completing production activity): date / months / year
Is the work rewritten from a previous script (not a previous draft)? Yes No
Principal Photography
CREW
Place of residency for the last (2)
Name(s) of individual(s) credited as the Excutive Producer(s) Nationality
years
Please provide a list of key cast as follows. Please indicate Principal Actors with a "P".
Character Cast name Nationality Residency (past two years)
P:
P:
P:
Additional cast for documentaries:
Narrator
On-Screen presenter
Additional cast for animation:
Lead Voice
Lead Voice
Lead Voice
Lead Voice
SECTION 3 QUALIFYING MALAYSIAN PRODUCTION EXPENDITURE (QMPE)
FIMI is calculated based on the total amount of audited Qualifying Malaysian Production Expenditure (QMPE) as identified in the FIMI Guidelines. If the actual QMPE incurred is
more than 3% cost over-runs of the approved production costs indicated in the Provisional Certificate, then the applicant producer must obtain approval from FIMI Approval
Committee for the cost over-runs. Please be advised that the relevant financial and production documentation will be audited by a member of FINAS Audit Panel in which costs
to undertake such auditing activities will be borne by the applicant producer.
1. PROJECT BUDGET
MYR:
TOTAL PRODUCTION EXPENDITURE:
MYR:
TOTAL QUALIFYING MALAYSIAN PRODUCTION EXPENDITURE QMPE:
MYR:
TOTAL 30% QMPE:
NON-MALAYSIAN
TOTAL MALAYSIAN ESTIMATED 30% OF
EXPENDITURE (MYR EXPENDITURE EXPENDITURE (MYR QMPE
'000) (MYR '000) '000) (MYR '000)
NON-MALAYSIAN
TOTAL MALAYSIAN 30% OF QMPE
EXPENDITURE (MYR EXPENDITURE (MYR EXPENDITURE (MYR (MYR
'000) '000) '000) '000)
PRODUCTION COSTS
Casting Fees
Supporting Cast
Stand-ins and Doubles
Stunts
Extras (Crowd)
Costumes
Makeup & Hair
Locations
Stage Rental
Props & Sets
Action Vehicles
Livestock
VFX(Physical)
Animation and Puppetry
Film & Lab - Shoot
Stock Footage & Archive
Camera Equipment
Sound Equipment
Lighting Equipment
Grip Equipment
Unit Facilities
Safety
Rentals & Stores
Travel & Transport
Hotel, Living, Catering
Insurances
Office Expenses
Offshore Shoot
Second Unit Expenses
TOTAL PRODUCTION COSTS
0 0
NON-MALAYSIAN
TOTAL MALAYSIAN % OF QMPE
EXPENDITURE (MYR EXPENDITURE (MYR EXPENDITURE (MYR (MYR
'000) '000) '000) '000)
POST PRODUCTION
Post: Crew Wages
Post: Office & Rentals
Post: Travel & Hotel
Post: Lab (Image)
Post: CGI/VFX
Post: Sound
Music
Publicity & Stills
Delivery
TOTAL POST PRODUCTION 0 0
NON-MALAYSIAN
TOTAL MALAYSIAN % OF QMPE
EXPENDITURE (MYR EXPENDITURE (MYR EXPENDITURE (MYR (MYR
'000) '000) '000) '000)
TOTAL
FILMING LOCATION
Please
2. FEESlistFORMalaysian
PROPOSED SERVICES TO BE CONTRACTED IN MALAYSIA
filming
Please listlocations and
proposed contracts for Malaysian Individuals or companies to provide support services for the Project.
where they will be
shot.
SERVICE ROLE COMPANY ANTICIPATED FEE (MYR)
Please include the proposed responsibilities of Malaysian individuals or companies that would provide support services for the Project
Please outline below (or attach a list of) any anticipated related party expenditure that will be incurred in the making of the Project (eg. EP/Producer fees, editing facilities,
camera hire etc).
NAME / COMPANY ROLE / SERVICES ANTICIPATED FEE (MYR)
4. FINANCIAL SOURCES
If known, please indicate financial sources. When your project enters production, you will be contacted to confirm financial sources. For cash flow, please indicate method(s)
used to cash flow the project (ie. equity investment, distribution advance/guarantee, licence fee/presales, etc).
COUNTRY OF ORIGIN NAME / FINANCIAL INSTITUTION / INVESTMENT ENTITY TYPE OF FINANCING AMOUNT (MYR)
COUNTRY OF ORIGIN NAME / FINANCIAL INSTITUTION / INVESTMENT ENTITY TYPE OF FINANCING AMOUNT (MYR)
C. BROADCASTER INVESTMENT
COUNTRY OF ORIGIN NAME / FINANCIAL INSTITUTION / INVESTMENT ENTITY TYPE OF FINANCING AMOUNT (MYR)
COUNTRY OF ORIGIN NAME / FINANCIAL INSTITUTION / INVESTMENT ENTITY TYPE OF FINANCING AMOUNT (MYR)
COUNTRY OF ORIGIN NAME / FINANCIAL INSTITUTION / INVESTMENT ENTITY TYPE OF FINANCING AMOUNT (MYR)
COUNTRY OF ORIGIN NAME / FINANCIAL INSTITUTION / INVESTMENT ENTITY TYPE OF FINANCING AMOUNT (MYR)
G. OTHER PRODUCTION ASSISTANCE
COUNTRY OF ORIGIN NAME / FINANCIAL INSTITUTION / INVESTMENT ENTITY TYPE OF FINANCING AMOUNT (MYR)
COUNTRY OF ORIGIN NAME / FINANCIAL INSTITUTION / INVESTMENT ENTITY TYPE OF FINANCING AMOUNT (MYR)
SECTION 4 DISTRIBUTION
Please outline any negotiations held to date with theatrical/cinema distributors and/or exhibitors. You should note that a planned agreement for
theatrical distribution of a Film from a recognised theatrical distributor with a track record in Malaysia will be required for FIMI Approval
Committee to be satisfied that the project has a bona fide intent for theatrical release. Please document discussions and include any agreements if
they have been offered. All projects will be considered on a case-by-case basis.
The Cultural Test is the assessment on the Malaysian cultural elements which features genres relating to local cultural values or traditional elements that is
contained in the Project. The Cultural Test is assessed in accordance with a point-based system where each Project obtains specific additional percentage of cash
rebate up to the maximum of 5% as may be determined by the FIMI Approval Committee or on appeal, FIMI Appeal Committee for fulfilling the relevant list of
criteria in the table below.
Assessment of the Cultural Test will only be made after submission of the Final Certificate Application Form. As such, the percentage of additional cash rebate to be
awarded (where eligible) will only be stated in the Final Certificate.
For Applicant Producer who wishes to apply for the additional 5% cash rebate, kindly fill in the table below.
To be eligible for the maximum percentage of the additional cash rebate in each of the category below, the Project must portray the relevant cultural elements.
ELIGIBILITY
NO CULTURAL ELEMENTS REMARKS(*)
(Please tick)
1 Location
(a) Portray Malaysia as a positive country;
2 Cultural Values
(i) Director
(ii) Co-Director
(iii) Second Unit Director
(iv) First Assistant Director
(v) Screenwriter
(vi) Leading role by actor or actress
(vii) Director of Photography (DOP)
(viii) Second Unit of DOP
(ix) Editor
(x) Production Designer
(xi) Sound Editing
(xii) Sound Mixing
(xiii) Visual Effects
(xiv) Supervisor
(xv) Composer
(xvi) Costume Designer
(xvii) Key Make Up
(xviii) Key Hair Artist
(xix) Stunt Director
(xx) Stunt Coordinator
NOTE: * For the purpose of this Provisional Certificate Application Form, please provide the brief information on the cultural elements that is contained in the
Project based on the criteria provided. However, for the purpose of the Final Certificate Application Form, you are required to provide the specific
information/explanation on the cultural elements including, among others, the exact scene and/or play time in the Project. For the criteria on involvement or hiring
of Local Production Cast and Crew, Applicant Producer shall provide the full particulars of the individual(s), the job description and the contract of the local cast and
crew involved in the Project and shall ensure that the name and position of the local cast and crew is included at the credit title of the film. Failing which, the Project
may not be eligible for the cultural test assessment.
SECTION 5 ADDITIONAL INFORMATION
Are there plans to showcase /promote / market the project in any film festival or Yes No
relevant exhibit?
If the answer is YES, please provide:.
B. STATUTORY DECLARATION
The applicant must complete a Statutory Declaration to accompany the application certifying that the contents of the application for the
Provisional Certificate are true and correct. (See Attachment “A” for Statutory Declaration.)
The Malaysian Statutory Declarations Act 1960 requires a Statutory Declaration to be made before a commissioner of oaths (if affirmed in
Malaysia) or a notary public (if affirmed outside Malaysia).
A full list of prescribed persons before whom a Statutory Declaration may be made and the legislation governing this provision can be sourced
online from the Malaysian Attorney-General’s Department at
http://www.agc.gov.my
C. CONFIDENTIALITY
Please note that all information provided by the applicant will be held by FIMO, the FIMI Approval Committee and FINAS on a strictly commercial-
in-confidence basis. Some information may be provided to the Ministry of Communications and Multimedia Malaysia, the Malaysian Inland
Revenue Board and the FINAS Board in accordance with government provisions. These parties will be bound to treat all such information as
commercial-in-confidence.
D. APPLICANT ACKNOWLEDGEMENT
I _____________________________, (Authorised applicant’s name, NRIC/ Passport No., address and office held) do solemnly and
sincerely declare and confirm on behalf of __________________ (Name of applicant company) (“Company”) that:
(a) The Company is an eligible producer for the purpose of FIMI with either:
1) being a company duly incorporated under the Malaysian Companies Act 2016 with a valid Malaysian Company Registration Number
issued by the Companies Commission of Malaysia (CCM) and has a valid and subsisting FINAS film production license; OR
2) A foreign production company who has appointed and commissioned a Malaysian production services company that: (i) is a private
limited company duly incorporated under the Malaysian Companies Act 2016 and registered with CCM; and (ii) has a valid and
subsisting FINAS production license OR
3) A private limited production services company incorporated by a foreign production company under the Malaysian Companies Act
2016 and registered with CCM (i) with foreign shareholding and (ii) has a valid and subsisting FINAS production license.
(b) the Company has acquired the underlying rights and all other rights and consents necessary for the development, production and
exploitation of the _______________________(“Project”);
(c) the Company has the necessary rights required to undertake preproduction and production activities in connection with the
underlying rights of the Project, including without limitation the preparation and submission of treatments, synopsis, outlines and/or
screenplays based on the scripts, pre-sales and arrangements for financing and/or distribution of the Project;
(e) the Company will be held responsible for the actions of all cast and crew members of the production throughout their stay in
Malaysia such that their actions and behaviours are in no way considered to infringe on the sensitivity of the Malaysian cultural, social
and religious practices.
(f) all information provided in relation to the Project is true in all material respects and is not, by omission or otherwise, misleading
and all documents and agreements provided to the Film in Malaysia Office (FIMO) in relation to the creative services and production
of the Project are true, complete and in full force and effect.
(g) it is a criminal offence to induce FIMO and/or FIMI Approval Committee to grant and make available and/or continue to grant and
make available the Film In Malaysia Incentive (FIMI) as aforesaid on the basis of a false declaration and that the penal consequences
may include imprisonment and/or fine under the Penal Code.
(h) this Statutory Declaration is made for Film In Malaysia Incentive (FIMI) and that the information contained in the Provisional
Certificate Application Form, and the documents attached to it, is correct and true in every particular and I make this solemn
declaration by virtue of the Statutory Declarations Act 1960, and subject to the penalties provided by the Statutory Declarations Act
1960 and the Penal Code for the making of false statements in statutory declarations, conscientiously believing the statements
contained in this declaration to be true in every particular.
Full Name:
NRIC / Passport No.:
at:
on this day of: day/month/year
Before me,
(a) Constitution (Memorandum & Article of Association (M&A)) / Written confirmation duly signed
by a director confirming that the Company does not have Constitution;
(b) Form 9 (Certificate of Incorporation) OR Companies Act 2016 Section 14 & 15;
(c) Form 24 (Complete Return Of Allotment of Shares Form) / Annual Return OR Companies Act
1 2016 – Section 46;
(d) Form 49 (Notification of Change in the Register of Directors, Managers and Secretaries Form) OR
Companies Act 2016 – Section 58 & 236(2);
(e) CCM Search of not more than three (3) months; and
(f) Winding Up Search of not more than three (3) months.
Document verifying the status of the Applicant Producer company—that is, the legal agreement
1
with a parent/associate company and/or establishing the applicant producer company.
Documents confirming the Applicant Producer’s responsibility for all the activities required to make
2 the production OR post production in Malaysia (including responsibility for costs incurred by non-
Malaysian companies for activities in Malaysia)
2 A copy of all of the documents relating to the “Chain of Title” and underlying rights.
If applicable, copy of agreements verifying the transfer of ownership in copyright, which identifies
the copyright owner at the time of the application. Note, this is only relevant where purchase or
2
licensing of Malaysian copyright is being claimed as QMPE including copyright in promotional
material.
2 Copy of the script and its source material OR previous script if it is a rewritten work
If applicable, evidence of expenditure on development of the project, script and company’s trustee
2 status.
If part of a series, indicate relevancy and significant creative similarities & differences between the
2 project and previous season’s concept, characters, settings, production locations and crew. Please
supply a soft copy of the previous season for comparative purposes.