3.1 Enterprise Vs Sdn. Bhd
4.1 Guides in selecting company names in Malaysia
4.2 Prohibition as to the Use of Undesirable Names by the Authorities
5.Goods and Service Tax (GST)
4.1 Guides in selecting company names in Malaysia.
The Companies Act 1965 stated that, any company's name which is registered must get approval by the Minister of Domestic Trade and Consumer Affairs of ROC in approving it. The authorities has the rights to not to accept the registration if the opinion of the Registrar is undesirable.
The General Principles and Character which can be considered as an organization's name:
- Correct names, language and spelling shall be used;
- If names contain other from Malay or English, the meaning of words must be written & explained;
- Names which not likely in offensive to public;
- Names not to resemble the elements of religion;
- Names which is not too general, example (Good Sdn. Bhd. or Mouse Sdn. Bhd.)
- The meaning of the words created;
- Company name created similar to multi-national organizations as such, SONY, NIKE or ADIDAS;
- The usage of individual's name (directors) according to Memorandum of Articles or family members with a written proof must be attached. If the new company's name is from a group of companies, a consent letter must be written and attached.
4.1 Prohibition as to the Use of Undesirable Names
Words which is prohibited by the virtue of the director by the Minister:
- Names which promoting the connection with the members of the Royal family or patronage like: "Royal, Sultan, Permaisuri, King, Queen, Regent, Imperial, Prince or Princess";
- Names which is suggesting a connection with any Asean, Commonwealth, foreign government, United Nations, any international corporations or cartel like using ASEAN, TPPA, OPEC, WORLD TRADE or PENTAGON.
- Names suggesting connection with states, federal, authorities, government agencies or local municipality like: Putrajaya, Majlis Bandaraya Ipoh (MBI), CUSTOMS or Daulat;
- Names connecting with political parties, unions, co-operative or society like MAHSA, DAP orSALVATION ARMY;
- Names which is offensive to the public like LUDAH or any animals' name;
- Names which can be easily confusing public SONY, NIKE or PLAYSTATION;
- Names containing the words mentioning like Chartered, Executor, Chambers, Council, Guarantee, Investment, Bumiputra or any education names like University or College;
- A name which is a translations of a foreign company.
If the applicant has justify to use the names in the listed prohibitions, the applicant is allowed to apply to the Minister through the ROC stating the reason behind together with the payment of RM 150.00