The General Principles And Characteristics Of Names Which Can Be Considered As Company’s Name
This guideline is issued according to section 20C of the companies commission of Malaysia Act 2001
The availability of a company’s name is subject to section 26 of the Companies Act 2016. The name will be available if the name is
- Not undesirable or unacceptable
- Not identical to an existing business entity’s name under the registers kept under a law administered by the Companies Commission.
- Not identical to a name that is being reserved under the Companies Act 2016
- Not a name of a kind that the Minister has directed the Registrar not to accept for registration
- Name of Foreign Company
– Shall be registered under the name as registered in its place of origin subject to the name being available under section 26 of the Companies Act 2016
– Any change in name in the name of a foreign company shall not be registered if the name is not available under section 26 of the Companies Act 2016.
2. General Principles and characteristics of names acceptable for registration
The following principle should be observed when deciding on the name of a company.
- Correct spelling and proper grammar must be used.
- The use of a mixture of Malay or English languages is allowed if the use is to describe the type of business and must follow proper grammar:-
Example:
– BB Construction Sdn Bhd
– Construction BB Sdn Bhd
– Klink Ria Hebat Sdn Bhd
– Ria Hebat Klink Sdn Bhd
- If the name contains words other than Malay or English languages, we need to clarify the meaning of the words.
- Names are not to be offensive to members of the public.
- Names which not resemble elements of religion
- Refrain from using words that are too general, for example:-
– Beautiful Sdn Bhd
– International Trading Sdn Bhd
– Ahmad Adam Sdn Bhd
– Puncak Alam Sdn Bhd - Only the names of directors specified on the incorporation application form can be used as the company names. Proof of the relationship must be given if other individual names are proposed to be used.
- A consent letter must be obtained from the group companies whose individual names are proposed.
- The usage of individual names refers to the names of the director of the director’s family members only as stated on the individual’s identity card. Names associated with local or foreign historical figures for
- When using created words, a letter of consent is not required from an existing company that carries the same created word.
For example:
– If a new application with the name Jellex Assets Sdn Bhd (Jellex = Created Word)
– The applicant is not required to provide a consent letter from Jellex Jaya Sdn Bhd (an existing company)
3. The usage of symbols in the name of a company is limited to the following five (5) symbols only and must be appropriate so that it forms part of the company’s name: - “&” (Include “dan”, “and” and “N”) – eg: D&T Services Sdn Bhd
- “.” (“dot” symbol) – eg: Mr. John Trade Sdn Bhd
- “-“ (“hyphen” symbol) – Allowed only for double words or common words that use a hyphen. – Kupu-Kupu Design Sdn Bhd, Focus Re-Engineering Sdn Bhd
- “()” bracket symbol – eg: ZY Advertising (2017) Sdn Bhd.
- “ ‘ “ (Apostrophe” symbol) – eg: Mum’s Recipe Sdn Bhd, Dato’ Yusoff Yahaya Trading Sdn Bhd
- The word “Malaysia” or a name of a state in Malaysia at the beginning of the name is not allowed unless there is an interest of the Federal/ State Government in the company or with the relevant party’s consent.
- The word “ Company “, “Co”, or “Syarikat” is prohibited from being used as part of a company name. The words “Corporation”, “Corp”, “Perbadanan”, “Incorporated”, “Diperbadankan”, “Incorporation”, “Incorp”, “Inc,” and “Pemerbadanan” are prohibited unless there is a government interest in the company and letter of consent.
- The name must not be an acronym that can be confused with names that are associated with the following:
- The acronym that stands for the institution of higher learning
eg: UiTM, UTM, UM, UPM, etc - The acronym stands for Federal Government Agencies or State and Government Owned Companies (GLC)
Eg: SSM, JKR, KPDNKK, FELCRA, PETRONAS, RISDA, PERKESO etc
- Undesirable or unacceptable names
The Registrar has full discretion in determining whether a name is undesirable or unacceptable
- in contains word(s) is obscene in nature
- It is contrary to public policy, including names which are set out in paragraphs 4:
- It may likely offend any particular section of a community or any particular religion
- It is misleading as the company’s identity, nature, objects, or purposes or in any other manner.
- Identical names
In determining whether a company name is identical to another, the following shall be disregarded:
- “The”, where it is the first word of the name
“Sendirian”, “Sdn”, “Berhad”, “Bhd”, “PLT” and “Perkongsian Liabiliti Terhad”, The following words and expressions where they appear at the end of the name: “Company”, “Co”, “Syarikat”, “Corporation”, “Corp”, “Perbadanan”, “Incorporated”, “Diperbadankan”, “Incorporation”, “Incorp”, “Inc”, “Pemerbadanan”, “Holding”, “Group”, “Kumpulan”, “Malaysia”, “(M)”, “Msia”, “Consortium”, “Konsortium”, “Consolidated”;
- example:
Zip Legacy Sdn Bhd = Zip Legacy Malaysia Sdn Bhd
Zip Legacy (M) PLT = Zip Legacy Consolidated Sdn Bhd
Zip Legacy Group PLT = Zip Legacy PLT
- Any word or expression which, in the opinion of the Registrar, is intended to represent any word or expression
- The plural version of the name
- Root words that carry the same meaning
Example:
- Consultancy, Consultants, Consults
- Technology, Technologies, Tech
- Trade, Trading, Trader
- The type and case of letters, spacing between letters, and punctuation marks;
- The symbol “&” is deemed to have the same meaning as the word “and” or “dan”
- The use of the name of a company that has been dissolved by a court order/voluntary winding up is allowed after seven (7) years of dissolution under subsection 551 (1) of the Companies Act 2016. The use of a Limited Liability Partnership that has been dissolved is allowed after two (2) years of dissolution under section 52 of the limited liability partnerships Act 2012.
| REFERRAL | WORD | WEBSITE |
| Board of Architects Malaysia / Lembaga Arkitek Malaysia (LAM) | “Architect”, “Akitek” or “Arkitek” | http://lam.gov.my/ |
| Board of Engineers Malaysia / Lembaga Jurutera Malaysia (LJM) | “Engineer” or “Jurutera” | http://bem.org.my/ |
| Brand of valuer, Appraisers and Estate Agent Malaysia/ Lembaga Penilai & Pentaksir, Ejen Hartanah Malaysia (LLPEH) | “Juru Ukur”, “Jurukur”, “Penilai”, “Pentaksir”, “Surveyor”, “Ahli Ekonomi Tanah”, “Perunding Harta”, “Pengurus Harta”, “Estate Agent” or “Property Agent” | http://lppeh.gov.my/ |
| Central Bank of Malaysia | “BNM”, “Money Broker”, “Money Charger”, “Money Exchange” “Pengurup Wang”, Peniaga Mata Wang Asing”, “Takaful”, “Tukaran Mata Wang”, “Tukaran Mata Wang Asing”, “Bureau De Change”, “Exchange”, “Bank”, “Finance”, “Merchant Bank”, “Insurance”, “Assurance”, “Foreign Exchange”, “Foreign Exchange Broker”, “Currency Exchange”, “Forex”, “Forex Exchange”, “Insurer”, “Assurer”, “Deposit Taking”, Loss Adjuster”, “Remittance”, or “Building Credit Development Finance”. | https://www.bnm.gov.my/ |
| Civil Aviation Authority of Malaysia / Pihak Berkuasa Penerbangan Awam Malaysia (CAAM) | “Aerospace”, “Air”, “Airspace”, “Aviation”, “Airline”, “Airways”, “Aircraft”, “Airport”, “Aero” or “Aviator”. | https://www.caam.gov.my/ |
| Department of Islamic Development Malaysia / Jabatan Kemajuan Islam Malaysia (Jakim) | “Amil”, “Baitumal”, “Crypto”, “Faraid”, “Halal”, “Islam”, “Madinah”, “Masjid”, “Mustaqim”, “Mukjizah”, “Wasiat”, or “Ehram”. | https://www.islam.gov.my/ |
| Institute Integrity of Malaysia / Institut Integriti Malaysia (IIM) | “Integrity”, “Integriti”, “Integrity” or “Integrity” | https://integriti.my/ |
| Institute of Islamic Understanding Malaysia / Institut Kefahaman Islan Malaysia (IKIM) | “IKIM”, “IKIM FM” or “IKIMFM”. | https://www.ikim.gov.my/ |
| Iskandar Regional Development Authority (IRDA) | “IRDA”. | https://www.irda.com.my/ |
| Malaysia Digital Economic Corporation (MDEC) | “Ciber”, “Cyber”, “MSC”, “Multimedia Super Corridor”, “Cyberjaya”, “Digital Malaysia”, “Saiber”, “Siber”, or “Syber”. | https://mdec.my/ |
| Malaysia Institute of Accountant (MIA) | “Accountant”, “Accounting”, “Auditor”, “Public Accountant”, “Tax”, “Tax Advisor”, “Tax Consultant”, “Taxation”, “Akauntan”, “Cukai”, “Perakaunan”, “Percukaian”, or “Perunding Cukai”. | https://www.mia.org.my/ |
| Malaysia Rail Link (MRL) | “ECRL” | https://www.mrl.com.my |
| Malaysia of Education / Kementerian Pelajaran Malaysia (KPM) | “School” or “Sekolah”. | https://www.moe.gov.my/ |
| Ministry of Foreign Affairs Malaysia / Asean-Malaysia National | “Association of Southeast Asian Nations” or “ASEAN”. | https://www.kpkt.gov.my/ |
| Ministry of Housing and Local Government / Kementerian Perumahan dan Kerajaan Tempatan (KPT) | “Pajak Gadai”, “Pemberi Pinjam Wang”, “Peminjam Wang”, “Kredit”, “Credit”, “Money Lender” | https://www.mohe.gov.my |
| Ministry of Health of Malaysia / Kementerian Kesihatan Malaysia (KKM) | “Hospital”, “Medical Clinic/ Centre”, “Dental”, “Pharmacy”, “Optometrist”, “Alternative Medical” | https://www.moh.gov.my/ https://tcm.moh.gov.my/ |
| Ministry of Tourism, Arts & Culture / Kementerian Pelancongan dan Kebudayaan Malaysia (MOTAC) | “Butik Hotel”, “(MM2H)”, “Home Stay”, or “Homestay”. | https://www.motac.gov.my/ |
| Prime Minister’s Department of Malaysia (JPM) | “Dinar” or “Jalur Gemilang” | https://www.jpm.gov.my/ |
| Security Commision Malaysia / Suruhanjaya Sekuriti Malaysia (SC) | “Securities Trading Market”, “Future Broker”, “Future Trading Adviser”, “Futures Exchange”, “Stock Market”, “Stock Exchange”, “Derivatives Exchange”, “Derivatives Market”, or “Derivatives Trading Market”. | https://www.sc.com.my/ |
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