ACT 125
COMPANIES ACT 1965 (REVISED - 1973)
PART III - CONSTITUTION OF COMPANIES
DIVISION 2 - POWERS

 
Section 22. Names of companies.
 
Section 22. Names of companies. (COMPANIES ACT 1965 (REVISED - 1973) - ACT 125) (1) Except with the consent of the Minister, a company shall not be registered by a name that, in the opinion of the Registrar, is undesirable or is a name, or a name of a kind, that the Minister has directed the Registrar not to accept for registration.

(2) The Minister shall cause a direction given by him under subsection (1) to be published in the Gazette.

(3) A limited company shall have "Berhad" or the abbreviation "Bhd." as part of and at the end of its name.

(4) A private company shall have the word "Sendirian" or the abbreviation "Sdn." as part of its name, inserted immediately before the word "Berhad" or before the abbreviation "Bhd." or in the case of an unlimited company, at the end of its name.

(5) It shall be lawful to use and no description of a company shall be deemed inadequate or incorrect by reason of the use of—

    (a) the abbreviation "Sdn." in lieu of the word "Sendirian" contained in the name of a company;

    (b) the abbreviation "Bhd." in lieu of the word "Berhad" contained in the name of a company; or

    (c) any of such words in lieu of the corresponding abbreviation contained in the name of a company.

(6) Prior to the registration of—

    (a) an intended company or foreign company; or Companies 67

    (b) the change of name of a company or foreign company,

the applicant for registration shall apply in the prescribed form to the Registrar for a search as to the availability of the proposed name of the intended company, company or foreign company and for reservation of that name, if available.

(7) If the Registrar is satisfied as to the bona fides of the application and that the proposed name is a name by which the intended company, company or foreign company could be registered without contravention of subsection (1), he shall reserve the proposed name for a period of three months from the date of the lodging of the application.

(8) (Deleted by Act A836).

(9) During a period for which a name is reserved, no company or foreign company (other than the intended company, company or foreign company in respect of which the name is reserved) shall be registered under this Act, whether originally or on change of name, under the reserved name or under any other name that, in the opinion of the Registrar, so closely resembles the reserved name as to be likely to be mistaken for that name.

(10) The reservation of a name under this section in respect of an intended company, company or foreign company does not in itself entitle the intended company, company or foreign company to be registered by that name, either originally or on change of name.