Malaysia

Notwithstanding the preceding provisions of this Article, the term "permanentestablishment" shall be deemed not to include:(a) the use of facilities solely for the purpose of storage, display or delivery ofgoods or merchandise belonging to the enterprise;(b) the maintenance of a stock of goods or merchandise belonging to theenterprise solely for the purpose of storage, display or delivery;(c) the maintenance of a stock of goods or merchandise belonging to theenterprise solely for the purpose of processing by another enterprise;(d) the maintenance of a fixed place of business solely for the purpose ofpurchasing goods or merchandise, or of collecting information, for theenterprise;(e) the maintenance of a fixed place of business solely for the purpose of carryingon, for the enterprise, any other activity of a preparatory or auxiliarycharacter;(f) the maintenance of a fixed place of business solely for any combination ofactivities mentioned in sub-paragraphs (a) to (e), provided that the overallactivity of the fixed place of business resulting from this combination is of apreparatory or auxiliary character.Notwithstanding the provisions of paragraphs I and 2, where a person - otherthan an agent of an independent status to whom paragraph 8 applies - is actingin one of the State on behalf of an enterprise of the other State, that enterpriseshall be deemed to have a permanent establishment in the first-mentionedState in respect of any activities which that person undertakes for theenterprise if the person:" (a) has, and habitually exercises in the first-mentioned State an authority toconclude contracts in the name of the enterprise, unless the activities of suchperson are limited to those mentioned in paragraph 6 which, if exercisedthrough a fixed place of business, would not make this fixed place ofbusinessa permanent establishment under the provisions of that paragraph; or) has no such authority, but habitually maintains in the first-mentioned State astock of goods or merchandise belonging to the enterprise from which heregularly fills orders on behalf of the enterprise.An enterprise shall not be deemed to have a permanent establishment in aContracting State merely because it carries on business in that State through abroker, general commission agent or any other agent of an· independent status,provided that such persons are acting in the ordinary course of their business.j'1:'\dI Ii