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APPLICATION OF COMPANY NAME

Every company that wants to be registered in Malaysia needs to apply for a company name search first either for registering new company or for the purpose of changing the name of the company and if it is found that the name to be applied is not yet registered as a company then the approval letter of the company name will be issued by the Registrar (SSM).

The name of the company that has been approved has to be registered as a company within one month from the date of approval of the name issued by the Office of the Companies Commission of MALAYSIA. Information relating to change of name can be obtained in section 28 of the Companies Act 2016 as set out below.

APPLICATION TO CHANGE THE COMPANY NAME
The Company may apply for a change of company name by making a company name search in advance and if the name you wish to apply is permitted then the approval letter for the change of name will be issued by the Registrar of Companies (SSM). The name of the company that has been approved must be registered within one month from the date of approval of the name issued and if the name change has been properly registered then the notice of change of company name will be issued. Information on the change of company name can be obtained in section 28 of the Companies Act 2016 as shown below.

 

SECTION 25 OF COMPANIES ACT 2016 : NAME OF COMPANY

(1) The name of a company shall end with the following:
(a) For a public company the word “Berhad” or the abbreviation “BHD”.
(b) For a private company the word “Sendirian Berhad” or the abbreviation “SDN. BHD”
or
(c) For an unlimited company the word “Sendirian” or the abbreviation “SDN”
(2) A company may have as its name-
(a) An available name, or
(b) Any such expression as the Registrar ma assign upon its incorporation
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SECTION 26 OF COMPANIES ACT 2016 : AVAILABILITY OF NAME

(1) A name is available if it is not-
(a) Undesirable or unacceptable,
(b) Identical to an existing company, corporation or business.
(c) Identical to a name that is being reserved under this Act or
(d) A name of kind that the Minister has directed the Registrar not to accept for registration.
(2) The Registrar shall have the power to determine whether a name referred to in paragraph (1)(a) , (b) or (c) is undesirable, unacceptable or identical as the case may be.
(3) The Registrar shall publish in the Gazette any direction referred to in paragraph (1)(d).

 

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SECTION 27 OF COMPANIES ACT 2016 : CONFIRMATION OF AVAILABILITY AND RESERVATION OF NAME

(1) A person shall apply to the Registrar to confirm the availability of proposed name.
(2) If the Registrar is satisfied that the proposed name is a name which is not subject to subsection 26(1), the Registrar shall confirm the availability of the proposed name.
(3) If a person is aggrieved with the decision of the Registrar under subsection (2) , he may, within thirty days from the date of the decision of the Registrar, appeal to the Minister whose decision shall be final.
(4) A person may apply to the Registrar for the reservation of a name as-
(a) The name of the proposed company prior to its incorporation or
(b) The name to which a company proposes to change its name under section 28
(5) Upon being satisfied that the name is not one which may be refused on any ground referred to in subsection 26 (1) and upon payment of the prescribed fee, the Registrar may reserve the name for a period of thirty days from the date of lodgement of the application or such longer period as the Registrar may allow.
(6) The confirmation of availability of name or the reservation of name under this section does not in itself entitle the intended company, company or foreign company to be registered by that name, either originally or on a change of name.
(7) Subject to this Act, the Registrar shall not be liable for any loss or damage suffered by any person by reason of error or omission of whatever nature or however arising, if such error or omission was made in good faith and in the discharge of duties under this section.
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SECTION 28 OF COMPANIES ACT 2016 : CHANGE OF COMPANY NAME BY SPECIAL RESOLUTION

(1) A company may resolve that its name be changed by special resolution.
(2) The company shall notify the registrar of the change of its name within thirty days from the date the special resolution was passed.
(3) If the Registrar is satisfied that the new name complies with the provisions of this Act and upon payment of a prescribed fee, the Registrar
(a) Enter the new name of the company on the register in place of the former name and
(b) Issue a notice of registration of the new name
(4) A change of name of a company shall take effect from the date the notice of registration of new name has been issued.
(5) A change of name of accompany shall not-
(a) Affect the rights or obligations of the company , and
(b) Render defective any legal proceedings by or against the company.
(6) Any proceeding that might have been continued or commenced by or against a company by its new name.
(7) Where the winding up of a company commences within one year after the company has changed its name, the former name as well as the existing name of the company shall appear on all notices and advertisements in relation to the winding up.
(8) The company and every officer who contravene the requirement under this section commit an offence and shall, on conviction be liable to a fine not exceeding fifty thousand ringgit.
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SECTION 29 OF COMPANIES ACT 2016 : POWER OF REGISTRAR TO DIRECT A CHANGE OF NAME

(1) If the Registrar believes on reasonable grounds that a name under which a company is registered should not have been registered, he shall serve a written notice to the company to change its name within sixty days or longer period as he deems fits.
(2) If a company fails to change its name within the period as stated in the notice issued under subsection (1), the Registrar shall have the power to change the company’s name to its company registration number or any such expression as assigned under subsection 25(2) by altering the company’s registration details to reflect the change.
(3) The company and every officer who contravene the direction of the Registrar under this section commit an offence.
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SECTION 30 OF COMPANIES ACT 2016 : PUBLICATION OF COMPANY NAME IS COMPULSORY

(1) A company shall display its registered name and company registration number at-
(a) Its registered office
(b) Every place where its business is carried on and
(c) Every place where its books are kept.
(2) A company shall disclose its registered name and company registration number on-
(a) Its business letters, notice and other official publications, including in electronic from
(b) Its websites
(c) Its bills of exchange, promissory notes, endorsements and order forms.
(d) Cheques purporting to be signed by or on behalf of the company.
(e) Orders invoices and other demands for payment receipts and letter of credit purporting to be issued or signed by or on behalf of the company and
(f) All other forms of its business correspondence and documentation.
(3) The Registrar shall determine the manner a registered name is to be displayed or disclosed by a company.
(4) For the purposes of subsection (2), where a company changed its name under section 28 or 29, the former name of the company shall appear beneath its present registered name for a period of not less than twelve months from the date of the change.
(5) The company and every officer who contravene this section commit an offence.

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