Prohibition as to the Use of Undesirable Names

In determining whether a name is an undesirable name, the Registrar of Companies has set a few criteria by virtue of some fixed general principles, including any other laws which also make provision on the control of usage of names that are associated with activities regulated by the said laws, names that are associated with activities regulated by Government Agency and for national and public interests. The following criteria must be adhered to:

Names suggesting connections With Activities Controlled By Other Laws

1. Banking And Financial Institutions Act 1989 –
   “bank”, “deposit-taking”, “finance”, “merchant bank”, “discount house”, “money broker”, “foreign exchange broker”, “Financial”, “Factoring”, “Leasing”, “Development finance”, “Building credit” or such words connoting the same meaning;
   
2. Securities Industry Act 1983 –
   “stock exchange”, “stock market”, “securities trading market” or such words connoting the same meaning;
   
3. Futures Trading Industry Act 1993 –
   “futures exchange”, “futures broker”, “futures trading adviser” or such words connoting the same meaning;
   
4. Insurance Act 1963 –
   “insurance”, “assurance”, “underwriter” or such words connoting the same meaning;
   
5. Money-Changing Act 1998 –
   “money changer”, “foreign exchange” or such words connoting the same meaning;
   
6. Valuers, Appraisers And Estate Agents Act 1981 –
   “estate agent”, “house agent”, “property agent”, “land agent”, “house broker” or such words connoting the same meaning;
   
7. Takaful Act 1984 –
   “Takaful” or such words connoting the same meaning;
   
8. Accountant Act 1967 –
   “taxation”, “tax”, “accounting”, “Public Accountant”, “Auditor”, “Tax consultant”, “Tax advisor” or such words connoting the same meaning;
   
9. Medicine (Advertisement and Sale) Act 1956 –
   “Private clinic”, “Clinic”, “Private Radiological clinic”, “private medical laboratory”, “alternative medicines”, “traditional herbs”, “tabib”, “treatment’, “hair clinic”, “hair loss”, “homeopathy”, “traditional medicine herbs” and “medical hall” or such words connoting the same meaning;
   
10. Any other laws as being notified to the Registrar of Companies from time to time.

Names containing such words which are prohibited under the aforesaid legislations can be considered if the applicant or the promoter of the company obtains the necessary written approval from the agency which regulates the relevant legislation.

The consent letter shall be annexed to the application form for name search.

Names Suggesting Connections With Activities Regulated By Government Agencies Or Professional Bodies

1. Labuan Offshore Financial Services Authority (LOFSA) –
   Words such as “Labuan Offshore”, “Offshore Company”, “Labuan Trust Company” or such words of the same meaning;
   
2. Malaysian Architect Board – Words such as “architect”;
   
3. Ministry of Education Malaysia –
   Words such as “college”, “institute”, “university”, “school” or such words of the same meaning;
   
4. Department of Co-operative Development –
   Words such as “co-op”, “Co-operative” or such words of the same meaning;
   
5. Department of Civil Aviation –
   Words such as “aviation”, “airways”, “airlines”, “air” or such words of the same meaning;
   
6. Malaysia Engineer Board – Words such as “engineer”;
   
7. Malaysia Institute of Accountants – Words such as “accountant” or “taxation”;
   
8. Prime Minister’s Department – Word such as “dinar”;
   
9. Ministry of Primary Industries –
   Word such as “Pusat Serantau Pengurusan Hutan” (“Information Centre for Forest Management”);
   
10. Jabatan Kemajuan Agama Islam Malaysia –
    Words such as ”Crypto”, ”Muttaqim”, ”Mustaqim”, ”Ehram Mukjizah”, ”Wakaf”, ”Amil”, ”Baitulmal”, ”Halal”, ”wasiat”, ”faraid” or such words of the same meaning;
    
11. Corporate Application Section, Suruhanjaya Syarikat Malaysia (SSM) –
    Words such as “Amanah” and “Trust” for formation of trust company.

Names containing such words suggest association with activities regulated by the Government Agency or professional body as aforesaid can be considered if the applicant or the promoter of the company obtains the necessary written approval from the relevant government agency or professional body. The approval letter shall be annexed to the application form for name search.

Names which usage is being controlled and limited due to national and public interest.

1. Government-linked companies and famous established names that are registered under Trade Mark Registration Act –
   Example: “Astro”, “DIGI”, “Berjaya”, “Chase”, “HICOM”, “Petronas”, “Intrakota”, “Celcom”, “Pernas”, “Perodua”, “Modenas”, “Telekom”, “Kenyir”, “Kulim Hi-Tech”;
2. “Cyber” or any words of the same meaning;
3. “Putrajaya” or words of the same meaning;
4. “MSC/Multimedia Super Corridor”;
5. “Middle Man”;
6. “Malay Reserve”;
7. Words which resemble gambling activities such as “sweepstake”, “lottery”, “fortune teller” or such words connoting the same meaning;
8. Words such as “liquor” and the like words.

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