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Guideline to Select a Malaysia Company Name

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Guideline to Select a Malaysia Company Name

Selecting the right company name is a crucial step when incorporating a company in Malaysia. The name should comply with the Companies Act 2016 (“CA 2016”) and the guidelines set by the Companies Commission of Malaysia (“CCM”) to ensure that company names are unique, appropriate, and legally compliant. Below is a comprehensive guide based on CCM's guidelines:

  1. Key Considerations for Registrable Company Names

    A company name must meet fundamental requirements related to personal names, language, symbols, and acronyms. Incorporating personal names is permissible if they belong to the directors listed in the incorporation application. If other individuals’ names are used, proof of relationship or a consent letter may be required. Historical names, including those of well-known figures such as "Parameswara" or "Abraham Lincoln," are generally acceptable.

    The use of foreign words is allowed, provided that their meanings are provided to confirm appropriateness. Similarly, coined or newly created words must be explained to avoid ambiguity. Special characters and symbols are permitted only when they form a grammatically correct part of the company name. Commonly accepted symbols include the ampersand (&), full stop (.), hyphen (-), brackets (()), and apostrophe (’), the use of other symbols may be restricted. Other than that, company names must be composed of English, Malay or a combination of both with correct spelling and no grammar error.

    The use of "Malaysia" or the name of any Malaysian state at the beginning of a company name is prohibited unless the company has direct involvement with the Federal or State Government or has obtained the relevant authority's consent.

    Acronyms must be carefully chosen to avoid misleading associations. Those that resemble the names of government agencies, institutions of higher learning, or international organisations are generally restricted. Examples of prohibited acronyms include "SSM", "BNM", "LHDN", "TNB", "UiTM" and "UM".

  2. Uniqueness and Distinctiveness

    A company name must not be identical or too similar to an existing business entity's name. To determine if a name is considered identical, CCM evaluates factors such as:

    (1)
    Definite Articles - The inclusion of "The" at the beginning of a name does not create a distinction.

    (2)
    Pluralisation - Singular and plural forms are treated as identical.

    (3)
    Spacing and Punctuation - Differences in spacing or punctuation do not make a name unique.

    (4)
    Symbols and Words - The symbol "&" is equivalent to the word "and".

    (5)
    Synonyms and Translations - Names with the same meaning or direct translations are regarded as identical.

    (6)
    Common Terms and Legal Suffixes – Certain terms, such as Sendirian, Sdn, Berhad, Bhd, PLT and Perkongsian Liabiliti Terhad, do not create differentiation between names.

    (7)
    Generic Terms – Words like Company, Co, Syarikat, Corporation, Corp, Perbadanan, Incorporated, Inc, Holding, Group, Malaysia, Consortium and Consolidated do not necessarily make a name unique, especially when added at the end.

    However, the acceptability of these generic terms may be determined as follows:
    (a) The addition of “Malaysia”, “(M)”, “MY” or “Msia” at the end of a company name does not differentiate it from an existing company. Therefore, if a proposed name only differs by including these words, it will not be approved.
    (b) Words such as “Holding”, “Group”, “Consortium”, and “Consolidated” may be accepted if the applicant obtains permission from the existing company or entity.
    (c) Terms like “Company”, “Corporation”, “Perbadanan” and “Incorporated” are generally restricted unless the company has government involvement, in which case approval from the relevant authority must be obtained.

  3. Prohibited and Restricted Words

    Certain words are prohibited or restricted in company names to prevent misleading implications or associations:

    (1)
    Prohibited Names (Not Acceptable)

    (a) Royal and Monarchical Associations – Names implying a connection to the Royal family (e.g., “Royal”, “King”, “Queen”, “Prince” and “Crown”) are not allowed, except in cases like location names (“Putra Nilai”) or personal names (“Sultan Ali”) would be approved at the Registrar’s discretion.

    (b) Governmental & International Bodies – Names suggesting links to government agencies (e.g., “Federal”, “State” and “National”) or international organisations (e.g., “ASEAN” and “UNESCO”) are prohibited.

    (c) Political & Organisational Links – Names connected to political parties, trade unions, or cooperative societies are not accepted.

    (2)
    Restricted Names (Require Approval)

    Restricted words include financial, professional, and legal terms such as "Bank", "Finance", "Investment", "Insurance", "Architect", "Engineer", "Doctor", "University", "Guarantee", "Registry", "Trust" and "Treasury". These names require approval from the relevant authorities before registration.

  4. Name Reservation Application and Appeal Process

    Once a suitable name is selected, an application should be submitted through the MyCoID 2016 portal. The application must include the proposed company name along with a brief description of the intended business activities. If the name includes restricted words or personal names, additional documentation such as approvals or consent letters may be required. A non-refundable fee of RM50 applies to the name application.

    Upon approval, the chosen name is reserved for 30 days. The company must complete its incorporation within this timeframe, otherwise, the reservation will lapse and a new application will be required.

    If an applicant or promoter disagrees with the Registrar’s decision on name reservation, they may file an appeal to the Minister within 30 days from the date of the decision, in accordance with Section 27(3) of the CA 2016. The Minister’s ruling is final and cannot be challenged further. The appeal must be accompanied by a detailed justification for the proposed name and a non-refundable application fee of RM300.

Selecting a company name requires careful consideration of legal requirements, uniqueness, and compliance with CCM’s guidelines. Entrepreneurs should conduct thorough research and seek professional consultation when necessary to ensure a smooth and successful name registration process.

Kaizen, together with its associate firms in Malaysia, can help the clients to perform these compliances formalities so as to maintain the Malaysia company in good standing. Please call and talk to our professional accountants in Kaizen for further clarification.

Disclaimer

All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.

If you wish to obtain more information or assistance, please visit the official website of Kaizen CPA Limited at www.kaizencpa.com or contact us through the following and talk to our professionals:

Email: info@kaizencpa.com
Tel: +852 2341 1444
Mobile : +852 5616 4140, +86 152 1943 4614
WhatsApp/ Line/ WeChat: +852 5616 4140
Skype: kaizencpa

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