Prohibitions on the Use of Undesirable Company Names

 Prohibitions on the Use of Undesirable Company Names

When you want to establish a company (Also see What are the Types of Company Limited by Guarantee?) and start running a business, do you know how you should name your company? Besides being creative and thinking about how the name can introduce your business to people, there are some prohibitions that you need to know. When contemplating the applications for a company name, SSM would follow some restrictions and prohibitions. This includes the prohibition on the use of company names under the Minister’s direction, as well as names that SSM thinks is undesirable. If you need any help in naming the company and the process of application, you may consider contacting a corporate secretarial firm Johor Bahru.

SSM has set some criteria on account (Also see Facts About Books of Account) of some general principles to help business owners identify whether a company name is undesirable, which includes:

– names that indicate relationships with the activities that are under the control of other laws

– names that indicate relationships with the activities that are managed by professional bodies and government agencies

–  names that their use is under control and restrictions for the interests of the nation and the public

For restrictions on names that indicate relationships with the activities that are under the control of other laws, some examples of the laws include the Takaful Act 1984, Insurance Act 1963, Accountant Act 1967, and any other laws that are notified to the SSM from time to time. There is a limitation on the use of a word that suggests the connections with the activities which are controlled by the laws. As an instance, in the case of the Banking and Financial Institutions Act 1989, the use of the words like “merchant bank”, “bank”, “financial”, “leasing” and other words that indicate similar meaning are controlled.

Also, company (Also see What is a Company Constitution in Malaysia?) names that indicate relationships with the activities that are managed by professional bodies and government agencies might be undesirable too. Some instances of the agencies are the Ministry of Education Malaysia, Prime Minister Department, Malaysian Architect Board, and Malaysia Engineer Board. For example, business owners should avoid using the words like “airlines”, “airways” and “aviation” in their company name if their business (Also see What LHDN Audit Procedures a Business May Experience?) is not related to this field as these words suggest that they are related to the activities that are regulated by the Department of Civil Aviation.

Lastly, let us have a look at the names that their use is under control and restrictions for the interests of the nation and the public. Business owners should avoid using the names that are related to the government-linked companies as well as some famous names that are registered under the Trade Mark Registration Act, such as “DIGI”, “Perodua”, “Celcom” and “Petronas”. Besides, they should avoid using words like “Cyber”, “Putrajaya”, “Malay Reserve”, “Middle Man” and “MSC”. Use of words that are related to gambling activities or words like “liquor” and words that bring similar meanings are restricted too.

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