APPLICATION OF NAME SEARCH

THE PROVISIONS OF THE LAW

The Companies Act 1965 (the Act) provides that before a company or its change of name is registered, the Minister of Domestic Trade, Co-operatives and Consumerism or the Registrar of Companies must first approve the name or the new name of the company respectively accordingly.

The statutory provision under section 22 of the Act provides that :

(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. Government Gazette No. 716 dated 30 January 1997 and Gazette (Amendment) dated 11 October 2001.

(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

(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. Please refer to Government Gazette No. 716 dated 30 January 1997, Gazette (Amendment) dated 11 October 2001, Guidelines For Naming A Company and Guidelines For Application Of A Company Name.

Similar provision which is applicable for foreign companies is contained in section 341(1) of the Act.

By virtue of the said provisions, the Registrar is subject to the following prohibitions or restrictions when considering an application for a company name: