Here are the most effective guidelines for company name registration in Malaysia. To register a company name, you can also follow this instruction. Actually, all business name registrations process managed & approved by the SSM (Companies Commission of Malaysia). Hopefully, this articles information helps you to get knowledge on that types of documents needed to register a Malaysia company? And What should you do for registering your company name as a trademark or etc! Description below.
The company name established by a business firm is mainly used to identify or introduce the business itself. The business name or the company name can be categorized into two groups:
- Personal name: is the name used in the identity card. This type of name used to register company name do not require approval or reviewing. Example Mozahidul Islam Co., Lee Sharon etc.
- Trade Name: The trade name is a name given to by business owners and investors to locate their business firm as an individual company within a nation. The Registrar of Business of the sole authorized body for company name registration Companies Commission of Malaysia (SSM) has to approve this business name for incorporation. Example S & F Consulting Firm Limited.
Company Name Application procedure
- Application for company name for a business entity must be done by using a PNA42 form. The application form must be filled with all valid details as asked in the form.
- If the desired proposed name given by the company owners or the sole investors requires the approval of the Minister, the applicant must attach supporting documents that is necessary for name approval.
Guidelines to conduct business name application in Malaysia (Comply with the law/Act)
A desired proposed business/company name should not stand against the constitution, law and cannot have negative elements. The desired proposed name for a Business entity cannot contain prohibited words under these laws:
- Rule 15 conducted by Business Registration Rules 1957.
- Government Gazette No716 conducted by Companies Act 1965.
- Act of other laws on prohibition of using words without approval of governing and regulating party.
The principles of naming a business company in Malaysia:
Usage of appropriate language& spelling.
(a) The desired proposed business or company name must use correct language and spelling. One can use both Bahasa Malaysia and English to name their business firm to illustrate the type of business. Eg: Koli Construction not Construction Koli
(b) If the desired proposed business name contains a fictitious word that is not Bahasa Malaysia or English, the meaning of the word must be given.
- A business name cannot be too general. The desired proposed business name must have its own identity and should not be very common. Names are considered general when using common words Eg: Technology Resources
- The desired proposed business name cannot resemble another business name that has been registered or is kept under SSM authority for safekeeping.
A business name or a company name is said to be identical or similar to another business entity if it is distinguished by the following words or symbols:
- The symbol “&” or the letter “N”, or the word “dan” or “and”
- The usage of the symbol “.” (full stop),”-“ (dash)
- Business name that contains words that has a similar meaning; Eg:Builder= Build
- Comparison in plural and singular words;
Eg: ABC Services = ABC Service
- The limitation to the use of the word “New” Eg: Blue Showers Trading = New Blue Showers Trading
- The desired proposed name of a business company is stated to be different and not identical to the name of another business company if there is a difference in letters or texts within the name initiated.
- Combined common words are considered if the whole name of the business company is not said to be similar. Eg: LilianMaju Services not Lilian Jaya Services
Vulgar, insulting or misleading words or names in terms of identity and object:
The desired proposed names given for a business entity should not contain:
- Elements of obscenity, insults or profanity by any means.
- A trading name is said to be confusing in terms of identity and object if the trade name is not related or in line with nature of the business.
Comply to Certain Prescribed General Principles
(a) Words related to religious or religious elements are not allowed
(b) The usernames for a business entity is allowed in the following circumstances;
- Usage of names of renowned figures.
- Usage of names associated with historical figures such as IbnuSina, Marco Poloetc
- Usage of names that refer directly to the sole business owners.
- Usage of the owner’s full name is only allowed in a case when the business name contains titles such as Prince/Princess/King.
(c) Usage of names containing confusing words as an identity such as “Company”, “Corporation”, “Body”, “Club” etc is not permitted.
(d) Usage of names of statutory bodies, government companies or related agencies, including;
- Abbreviations of institutions Eg:
- UPM, UUM, USM, UIA, UNIMAS, UMS, UIAM, UPSI, UMT, UMP, UTEM etc.
- Abbreviations of the Federal or State government agencies and GLCs Eg: SSM, CCM, JKR, JPA, JPM, BNM, KPDNKK, SEDC, PKEN, SIRIM,TNB, PNB, FELDA etc.
(e) The usage of controlled and restricted words is not allowed.
(f) Business Names related to activities by employment agencies or by profession are not allowed:
Eg: Architect, Engineer, Doctor, Pharmacists etc.
(g) Using the symbol “&” or the letter “N” to replace the Word “and”; Eg:
- The symbol full stop“.”
- The symbol “- “(hyphen).
- The symbol “()” brackets.
- The symbol “ ’ ” ( “apostrophe”)
(h) The use of numbers is allowed for certain aspects.
(i) The use of letters/alphabets is allowed for certain aspects.
Eg: ABCY Construction, ABCY Trading
(j) The use of word “Malaysia” or a state at the beginning of the proposed business name is not permitted unless approved by the Federal / State Government or itself is a body of the Government Party.
Eg: Malaysia Aircraft Trading
(k) When using a combination of names gazette containing words, the business name has to be approved from the Ministry.
Eg: Royal Hotel
(l) Using places or location names as certain aspects of approval to be followed.
(m) Re-using of registered business name that has been expired or is said to be terminated:
- Allowed after 12 months from the date of termination.
- Allowed if the business has been terminated using Form C.
Rule 15, registration of businesses rules 1957
(1) Except with the appropriate and authorized consent of the Minister of the Malaysian Government, no business shall be registered by a name which,
- Contains any word suggesting a connection with Royal member or Royal family.
- Contains any word suggesting a connection with authentic government figures such as “Federal”, “State” or “National”;
- Contains any word suggesting connection international organization.
- Contains the word “Chartered” or “Royal Charter”;
- Contains words such as “Association”, “Union”, “Foundation”, “Trust “and related.
- Contains any word that is offensive to members of the public.
- Contains any word that is disrespecting to nature.
- Contains any word that is offensive to any race or religion.
(2) The Registrar with the consent of the Minister may restrict the usage of any desired proposed business name which in his opinion is undesirable. Such names shall be published in the Gazette by the Registrar.
Government Gazette bill dated 30 January 1997
The direction of the Minister under Sections 22(1) and 341 Companies Act 1965.