ACT 125

COMPANIES ACT 1965 (REVISED - 1973)

PART XI - VARIOUS TYPES OF COMPANIES, ETC.

DIVISION 1 - FOREIGN COMPANIES

Section 338. Obligation to state name of foreign company, whether limited, and place where incorporated.

(1) A foreign company shall— (a) conspicuously exhibit outside its registered office and every place of business established by it in Malaysia in romanised letters its name and the place where it is formed or incorporated; (b) cause its name, company number and the place where it is formed or incorporated to be stated in legible romanised letters on all its bill-heads and letter paper and in all its notices, prospectuses and other official publications; and (c) if the liability of its members is limited (unless the last word of its name is the word "Berhad" or "Limited" or the abbreviation "Bhd." or "Ltd."), cause notice of that fact— (i) to be stated in legible characters in every prospectus issued by it and in all its bill-heads, letter paper, notices, and other official publications in Malaysia; and (ii) except in the case of a banking corporation, to be exhibited outside its registered office and every place of business established by it in Malaysia. (2) Where the name of a foreign company is indicated on the outside of its registered office or any place of business established by it in Malaysia or on any of the documents referred to in subsection (1) in characters or in any other way than by the use of romanised letters, the provisions of this section relating to the exhibition or statement of its name shall be deemed not to have been complied with unless the name of the company is exhibited outside its office or place of business or stated on the document in romanised letters not less large than any of the characters so exhibited or stated on the relevant office, place of business or document. (3) In this section, "company number" means the number allocated by the Registrar to a foreign company on its registration.