Company Name Search is one step business owners need to take to determine what to name their company before they register a company name. It checks whether the desired name is already in use or has a similar name with an existing company. Other common searches include a domain name search and a trademark registration search.
Choosing the Right Company Names
Before any steps can be taken to incorporate a company, a proposed name must first be chosen. Naming your Company is an important step that should be given careful consideration. The Company name helps customers find you, understand what you do and remember your company.
When you are coming out the ideas on your new Company Names, please keep in mind that there are prohibitions or restrictions in naming your company.
General Principles And Characteristics Of Names Which Can Be Considered As Company’s Name:-
- Names shall use the correct language and spelling;
- If a name contains words other than the Malay or English Languages, the meaning of such words must be given;
- Names which are not blasphemous or likely to be offensive to members of the public;
- Names which do not resemble elements of religion;
- Names which are not prohibited by Minister;
- Names which are not identical nor nearly resembles the name of other existing companies nor a name which has been reserved;
- Certain names which are not too general, for example “Attempt Sdn. Bhd.” or “Beautiful Sdn. Bhd.”;
- The usage of individual names shall be from the names of the directors to be named in the Constitution. However, individual names can be considered if such names are from the names of immediate family members of the director or promoter, for example, the names of children, father, wife, grandfather or grandmother. Proof of family relationship must be given. If the name of the company is from the individual name of a group of companies in existence, consent letter must be obtained from the group of companies which have such individual names;
- State the meaning of the created words;
- The name is not an acronym that can be confused & related to Federal government agencies or State and Government Owned Companies (GLC). (e.g. SSM and etc).
- Use symbols that are allowed to be used in the name of the company is limited to 5 symbols only and must be appropriate to the use of:-
(i) “&” (include “dan”, ‘and” and “N”) Example : D&T Services Sdn. Bhd.
(ii) “.” (“dot” symbol) Example : Mr. John Trade Sdn. Bhd.
(iii) “- ” (“hyphen” symbol). Allowed only for double words or common words that use hyphen. Example : Kupu-Kupu Design Sdn. Bhd. or Focus Re-Engineering Sdn. Bhd.
(iv) “( )” (bracket symbol) Example : ZY Advertising (2017) Sdn. Bhd.
(v) “ ’ ” (“apostrophe ' symbol) Example : Mum’s Recipe Sdn. Bhd. & Dato’ Yusoff Yahaya Trading Sdn. Bhd.
The Company name (of not more than 50 characters as indicated in Name Reservation Form) which has been decided upon, shall then be submitted to SSM vide Name Reservation Form (Request for Availability of Name) for company name approval and reservation with filing fee of RM50 (per name).
Normally, SSM will reply on the availability of the name within one business working day. Once the proposed name is approved, the proposed name will be reserved for 30 days and other person will not be allow the use of the reserved name.
Several alternatives proposed names may be submitted simultaneously by submission of separate Name Reservation Form for each of the alternative name with filing fee of RM50 for each alternative name.
What is a Name Search?
A Name Search is performed by Yau & Co. using SSM MyCoid System as an initial step to ensure that your desired company name is available. Please note, this is only a preliminary Name Search. Final approval of the name is granted by SSM upon review of Name Reservation Form.
How long does a Name Search take?
Yau & Co. can notify you the availability of your desired company names within 24 hours (one business day). Please bear in mind that a name search conducted before the incorporation documents are submitted is considered preliminary. The final determination of business name availability rests with SSM.
What if the desired company name contain words prohibited by Minister?
You could apply to the Minister, stating the reasons or justifications for using such names or words as part of the proposed name by the company, together with a payment of RM300.
The reply to the application for the consent normally takes some time. Therefore if the proposed company needs to be registered urgently, it would be advisable for the company to be incorporated under another approved name first, and subsequently, an application for the Minister's consent be obtained and thereafter effect the change of name of the company upon receiving the order.
What is a name reservation?
Submission of Name Reservation Form to SSM for company name approval and reservation. Filing a name reservation will prevent another company from forming with that name.
How long can my business name be reserved?
An approved name by SSM can be reserved for 30 days. During the thirty days period for which the proposed name is reserved, SSM will not allow the use of the reserved name by any other person
The applicant may apply for an extension of name reservation up to maximum 150 days with filling fee of RM50 per 30 days.
Why Name Search Result Shows the Proposed Name is available but Name Reservation still rejected by SSM?
Name Search result from SSM Online system is not exhaustive. There were cases where name search result shows there is no one using the name. However, Name Reservation Form was rejected by SSM due to proposed name been used by another Company.
Please take note that the availability of a proposed name, however, does not itself entitle the proposed company to be incorporated by that name. All name search applications are subject to the final decision from SSM.
What are the common reasons that the proposed name application will be rejected by SSM?
- Proposed company’s name is similar to those existing ones and may cause confusion to the public (unless a consent letter is granted).
- Proposed company’s name is similar to the former name of existing company and may create undesirable confusion to the Public members.
- Proposed company’s name is prohibited by the Companies Act 2016 or any other relevant Acts.
- Proposed company’s name is undesired for use as company name, for example, Ekor Ayam Sdn Bhd.
Are there Reasons for a Delay in Name Reservation?
SSM may randomly carry out a due diligence exercise, which may delay the name approval process. In addition, the business activity could be subject to control and regulation by other government authorities and hence need approval beforehand.
Can an old company name be used again?
The Company can change back to its old name after 12 months but a company cannot use the old name of another to incorporate a new company.
Why is a trade name not approved when the said name has been long used as a partnership or enterprise?
Pursuant to Section 26 Companies Act 2016, a company name will not be available if the name is identical to an existing company, corporation or business.
For a name that has already been approved, how does an applicant change the name of the promoter stated in Name Reservation Form?
If only one promoter that needs to be changed, there is no need to submit a new Name Reservation Form. The applicant can proceed with the incorporation of a company.
If all the names of the promoter are to be changed, the applicant needs to submit a new Name Reservation Form together with new fees, and state the reason for this re-application.
Why is an applied name rejected when the applicant wishes to incorporate a subsidiary company for an existing company?
The applicant has to attach a consent letter by from the holding company for the purpose of incorporating a subsidiary company. Approval of name is still subject to the similarity of the existing companies.
Why is Name Reservation Form, which has been submitted with consent letter, still being queried by Companies Commission of Malaysia?
SSM may raise query on the submitted Name Reservation Form due to the consent letter is not complete and/or did not comply with the regulations.
Can an approved name be transferred to another party?
Yes, an approved name can be transferred to another party by re-filling Name Reservation Form together with the fees and the consent letter from the previous applicant.