Best Investment & Business Structuring Lawyers in Suva

1. About Investment & Business Structuring Law in Suva, Fiji

Investment and business structuring law in Suva, Fiji, governs how businesses are formed, owned, and reorganised. It covers company incorporation, ownership arrangements, foreign investment approvals, and ongoing compliance. The regime is administered through both national legislation and regulatory agencies based in Suva, the capital city. Understanding these rules helps investors structure ownership to meet local requirements while optimizing tax and governance outcomes.

Key players include the regulator and facilitator for new investments, Investment Fiji, the Fiji Revenue & Customs Service for tax matters, and the Registrar of Companies for corporate filings. These bodies guide registration, licensing, and post-approval compliance. Local lawyers help you navigate cross-border structures, local director requirements, and sector-specific licensing in Suva and across Fiji.

In practice, Suva-based investors commonly use a Fiji-registered local company to hold shares, while foreign ownership is addressed through the Foreign Investment Act and related regulations. Land and resource ownership issues also influence structuring decisions, as land tenure in Fiji carries restrictions that affect certain investment models. A tailored structure is essential to align with regulatory expectations and business objectives.

Investment Fiji notes that foreign investment regimes are designed to streamline approvals and provide aftercare for new investments.

Source: Invest Fiji

2. Why You May Need a Lawyer

These scenarios illustrate concrete, Suva-specific reasons to engage an investment and business structuring lawyer:

• A Suva-based startup seeks to establish a Fiji-registered subsidiary with foreign ownership. A lawyer can structure shareholding, prepare incorporation documents, and obtain FIA approvals from Investment Fiji.
• An overseas buyer intends to acquire a Fiji-manufacturing business. A lawyer conducts due diligence, negotiates the sale agreement, and coordinates regulatory approvals and post-transaction filings.
• A local SME wants to restructure to bring in equity from a parent company abroad. A lawyer designs the group structure, cross-border service agreements, and transfer pricing considerations under Fiji law.
• A tourism business in Suva plans a joint venture with a government entity. A lawyer drafts the joint venture agreement, ensures sector licensing, and manages compliance with public sector procurement rules.
• Land-related investments require complex structuring because foreign ownership of freehold land is restricted. A lawyer advises on land lease options, local ownership arrangements, and compliance with tenure laws.
• Intra-group licensing and cross-border service arrangements arise for a Fiji-registered company. A lawyer ensures transfer pricing compliance and appropriate inter-company agreements.

3. Local Laws Overview

The key statutes and regulatory frameworks that shape Investment & Business Structuring in Suva include: the Foreign Investment Act, the Companies Act, and the Income Tax framework. These laws determine how investments are approved, how companies are formed and governed, and how taxes are assessed and collected.

The Foreign Investment Act governs approvals for foreign ownership and the conditions under which foreign investments may operate in Fiji. It is administered in part by Investment Fiji, which serves as the primary regulator and facilitator for investment projects. This Act influences how foreign investors structure ownership and control in Suva-based ventures. Source: Invest Fiji

The Companies Act provides the rules for incorporation, corporate governance, directors, and annual filing requirements for Fiji-registered companies. It applies to both local and foreign-owned entities operating in Suva. Source: Legislation and official government guidance

The Fiji tax framework, including the Income Tax Act and related VAT/GST provisions, governs corporate taxation, withholding tax, and indirect taxes for Suva-based businesses. Compliance with tax reporting and registration is coordinated through the Fiji Revenue & Customs Service. Source: FRCS

Fiji Revenue & Customs Service highlights that all businesses must observe tax obligations such as registration for tax and compliance with GST rules.

Source: Fiji Revenue & Customs Service

4. Frequently Asked Questions

What is the Foreign Investment Act and who administers it?

The Foreign Investment Act governs approvals and screening for foreign investments in Fiji. Investment Fiji administers the regulatory process and issues permits for eligible projects in Suva and nationwide.

How do I start a Fiji-registered company as a foreign investor?

You typically prepare a shareholding structure, appoint directors, and file incorporation documents with the Registrar of Companies. A local lawyer can handle document drafting and liaise with Investment Fiji for any required approvals.

What is the typical timeline for FIA approvals in Suva?

Approval timelines vary by sector and complexity. Engaging a lawyer early helps align documents and reduce delays in the overall process.

Do I need a local director to run a Fiji company?

Foreign-owned Fiji companies generally require at least one local resident director under the Companies Act, with specifics depending on sector and investment type. A local attorney can identify compliant arrangements.

How much does it cost to hire a lawyer for investment structuring in Suva?

Lawyer fees depend on complexity, scope, and engagement length. Expect a mix of fixed fees for standard filings and hourly rates for due diligence and negotiation work.

Can a foreigner own 100 percent of a Fiji company?

Foreign ownership is possible in many sectors, but certain lines of business and land-related matters have restrictions. A lawyer can design a compliant ownership model for your project.

Is land ownership available to foreign investors?

Foreigners cannot generally own freehold land in Fiji; ownership is through lease arrangements or corporate structures. Seek legal guidance on compliant land tenure strategies.

Do I need to engage a Fiji-based solicitor to incorporate?

Yes. A local solicitor understands filing requirements, local director rules, and regulatory expectations, reducing the risk of delays or non-compliance.

What documents are typically required to register a company in Fiji?

Common documents include passport copies for directors, proof of address, a business plan, funds source declarations, and board resolutions. Your lawyer will tailor the list to your situation.

What is the difference between a branch and a subsidiary in Fiji?

A branch operates as part of a foreign entity with flexible governance, while a subsidiary is a separate Fiji-registered company. Both require compliance with local filing and tax obligations.

How long does it take to register a company in Fiji?

Registration times vary with workload and complexity, but standard online filings can complete within days to a few weeks with proper documentation.

Do I need to file annual returns with the Registrar of Companies?

Yes. Fiji requires annual filings and financial reporting for registered companies, with penalties for late or incomplete submissions.

5. Additional Resources

• Investment Fiji - Official government agency that facilitates, licenses, and supports foreign investments in Fiji. Function: investment promotion, approvals, aftercare services. Source: Invest Fiji
• Fiji Revenue & Customs Service - National tax authority for Fiji. Function: tax registration, GST/VAT, corporate taxation, with compliance guidance for businesses in Suva. Source: FRCS
• Fiji Legislation Website - Repository for Fiji Acts and statutory instruments. Function: provides text of the Foreign Investment Act, Companies Act, and related legislation for reference. Source: Fiji Legislation

6. Next Steps

1. Define your intended investment structure and identify the regulatory approvals you expect to need in Suva. Set a realistic budget and timeline for legal work.
2. Search for a Suva-based solicitor or law firm with demonstrated experience in investment structuring and corporate registrations. Use referrals from Invest Fiji or FRCS where appropriate.
3. Prepare a concise briefing packet for potential lawyers, including business plan, ownership structure, and any intended cross-border arrangements.
4. Interview at least 2-3 lawyers, discuss scope of work, proposed timelines, and fee arrangements. Request sample engagement letters and past client references.
5. Obtain a written engagement letter outlining deliverables, milestones, and a clear fee schedule. Confirm who will handle regulatory submissions on your behalf.
6. Have your chosen lawyer conduct due diligence, draft key structuring documents, and secure necessary FIA and regulatory approvals. Monitor progress with weekly updates.
7. Execute the final agreements and ensure all filings are completed, including annual returns and ongoing compliance obligations. Maintain ongoing legal counsel for updates on regulatory changes.