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To better prepare for the online training

👉🏻 Click here for QUIZ & test your understanding (answers will be given during live webinar)

👉🏻 Click here to download SAMPLES & FLOWCHART

Sample and Templates

• Sample: Consent Letter to SSM for Use of Company Name.
• Sample: Reply Letter to SSM regarding Query on Company Name.
• Sample: Reply Letter from relevant Authority regarding use of certain Company Name.
• Sample: SSM MyCOID Approval Notification: APPLICATION RESERVATION OF NAME - APPROVAL NOTIFICATION.
• Sample: S27(1)(4) Application and Reservation for Availability of Names.
• Sample: Special Resolution for Change of Company Name
• Flowchart: How to Change Company Company Name via Member's Written Resolution
• and many more

Proposed Webinar Content:

• Overview of the SSM's Latest Guidelines on Company Names (issued on 25 June 2024)
• Key changes and updates from the previous guidelines (25 June 2024 vs 6 Dec 2022)
• General Requirements & Criteria for acceptable Company Names
• Rules for names including symbols, acronyms, and other specifics​
• Impact on Company Incorporation and Name Changes
• Prohibited and Restricted Names
• Names suggesting connections with royalty, government, international organizations, and political entities
• Procedure for appealing against the Registrar's decision​
• Company Name Registration Process
• Strategies for Ensuring Compliance & Best practices for choosing and registering company names
• Common pitfalls and how to avoid them
• Go through Latest Guidelines as of 25 June 2024 (13 pages ; 18 Paragraphs)
• Go through Companies Act 2016 Division 4 Name of Company (S25 to S30)

S25: Name of company
S26: Availability of name
S27: Confirmation of availability and reservation of name
S28: Change of name
S29: Power of Registrar to direct a change of name (eg. On ground of passing off)
S30: Publication of name

S597 of CA2016 Restriction on the use of words "Limited", "Berhad" and "Sendirian"

S292 of CA2016. Special resolutions

• Go through Limited Liability Partnerships Act 2012 (S49 to S52)

S49: Receivership and winding-up by the court
S50: Voluntary winding-up
S51: Power of registrar to strike-off limited liability partnerships from the register
S52:​ Revocation of dissolution​​

• Case sharing:

R v Registrar of Companies, ex parte Attorney-General [1991] BCLC 476

South Pacific Airlines of New Zealand Ltd v Registrar of Companies [1964] NZLR 1
Drilex Systems Pte Ltd v Registrar of Companies & Anor [1991] 1 MLJ 473
Angkasa Jurutera Perunding Sdn Bhd v Pendaftar Syarikat (Ketua Pegawai Eksekutif, Suruhanjaya Syarikat Malaysia) & Anor [2004] 2 AMR 547
Judicial Review
Merck Sharp Dohme Corp and Bristol-Myers Squibb Pharmaceuticals Limited v Teva Pharma BV and another [2013] EWHC 1958 (Pat)
Quia Timet Injunctions
Glaxo PLC v Glaxowellcome Ltd [1996] FSR 388

• Q&A session

As a company secretary in Malaysia, here are some questions you might have in mind regarding the new Guidelines on Company Names issued by the Companies Commission of Malaysia:

General Understanding of the Guidelines

1. What are the key changes in the new guidelines compared to the previous ones?
2. What is the effective date of the new guidelines?
3. How do these guidelines align with the Companies Act 2016?
4. What are the primary objectives of these new guidelines?

Company Name Requirements

1. What criteria must a proposed company name meet to be considered acceptable?
2. What are the specific restrictions on the use of certain words or phrases in a company name?
3. Can a company use a name that includes both Malay and English words?
4. Are there any restrictions on the use of names from other languages?

Prohibited and Restricted Names

1. What types of names are deemed undesirable or unacceptable by the Registrar?
2. Can a company name include references to religious elements or historical figures?
3. What are the restrictions on using names that suggest connections to royalty or government bodies?
4. What is the process for appealing if a proposed name is rejected by the Registrar?

Name Registration Process

1. What is the process for confirming the availability of a company name?
2. How long does the Registrar reserve a name once it is confirmed to be available?
3. What steps are involved in changing an existing company name?
4. What are the requirements for registering the name of a foreign company?

Reuse of Dissolved Company Names

1. What are the conditions under which a dissolved company's name can be reused?
2. How does the revocation of a dissolution affect the reuse of a company name?
3. Are there different rules for reusing names of companies dissolved through striking off versus winding up?

Controlled Words and Referral Authority

1. What words require permission from a referral authority for use in a company name?
2. How can one obtain a letter of permission from a referral authority?
3. What is the role of the Minister in controlling the use of certain words in company names?

Practical Implications and Compliance

1. What are the common pitfalls to avoid when choosing a company name?
2. What are the best practices for ensuring compliance with these guidelines?
3. How can a company secretary effectively manage the name registration process?
4. What documentation is required to support a name change or new name registration?

Special Cases and Exceptions

1. Are there any special considerations for names of limited liability partnerships (LLPs)?
2. Can the name of a dissolved LLP be reused, and if so, under what conditions?
3. How does one appeal to the Minister regarding a name that requires special approval?
4. What happens if a company fails to comply with the Registrar’s instruction to change its name?

Administrative and Legal Procedures

1. What fees are associated with name registration, name changes, and appeals?
2. What are the time frames for the Registrar’s responses to name registration applications?
3. How does the appeal process to the Minister work, and what is required in the appeal submission?
4. What are the legal implications of using a name deemed misleading or unacceptable?

As a company director or shareholder in Malaysia, here are several questions that come to mind regarding the new Guidelines on Company Names issued by the Companies Commission of Malaysia:

General Understanding of the Guidelines

1. What are the major changes introduced in the new guidelines compared to the old ones?
2. When do the new guidelines come into effect?
3. How do these guidelines impact my responsibilities as a director/shareholder?

Company Name Requirements

1. What are the general requirements for a company name to be approved?
2. Are there specific words or phrases that are prohibited in company names?
3. Can a company name include both Malay and English words, and if so, what are the rules?
4. Are there any restrictions on the use of names from other languages in a company name?

Prohibited and Restricted Names

1. What names are considered undesirable or unacceptable by the Registrar?
2. Can my company name include references to religion or historical figures?
3. What restrictions are there on names suggesting connections to royalty or government bodies?
4. If my proposed company name is rejected, what is the process to appeal the decision?

Name Registration Process

1. What is the procedure for confirming the availability of a company name?
2. How long is a company name reserved once it is confirmed to be available?
3. What are the steps involved in changing an existing company name?
4. What are the requirements for registering the name of a foreign company operating in Malaysia?

Reuse of Dissolved Company Names

1. Under what conditions can a dissolved company's name be reused?
2. How does the revocation of a dissolution affect the reuse of a company name?
3. What are the differences in rules for reusing names of companies dissolved through striking off versus winding up?

Controlled Words and Referral Authority

1. Which words require permission from a referral authority for use in a company name?
2. How do I obtain a letter of permission from a referral authority?
3. What is the Minister's role in controlling the use of certain words in company names?

Practical Implications and Compliance

1. What common mistakes should I avoid when selecting a company name?
2. What best practices should I follow to ensure compliance with these guidelines?
3. How can I effectively manage the name registration process to avoid delays or rejections?
4. What documentation do I need to provide for a name change or new name registration?

Special Cases and Exceptions

1. Are there special considerations for names of limited liability partnerships (LLPs)?
2. Can the name of a dissolved LLP be reused, and what are the conditions for doing so?
3. What is the process for appealing to the Minister regarding a name that requires special approval?
4. What happens if my company fails to comply with the Registrar’s instruction to change its name?

Administrative and Legal Procedures

1. What are the fees associated with name registration, name changes, and appeals?
2. What are the typical time frames for the Registrar’s responses to name registration applications?
3. How does the appeal process to the Minister work, and what needs to be included in the appeal submission?
4. What are the legal implications if my company uses a name deemed misleading or unacceptable?

Impact on Business Operations

1. How might these new guidelines affect my company's branding and marketing strategies?
2. What should I do if my current company name is found non-compliant with the new guidelines?
3. Can I get legal advice or assistance from the Companies Commission of Malaysia if I have questions about compliance?

Future Considerations

1. Will these guidelines likely change again in the near future?
2. How can I stay updated on any further changes to the company name guidelines or related regulations?
3. What resources are available for understanding and implementing these guidelines effectively?
4. Is there any support available from the Companies Commission of Malaysia for small businesses to comply with these new guidelines?

Frequently Asked Questions

Language Available ?

English

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Supported Devices:

Desktop, laptop, smart devices & smart phones (iOS and Andriod supported).

Am I Allowed to Post Questions to Trainer After Live Webinar ?

Yes

How many times can I view the video replay ?

Unlimited Replay of Training Content. Wonderful leh ?! ...

Are the Video & Training Materials downloadable ?

Yes. You will enjoy Unlimited Download of Video & Training Materials. Good leh ?! ...

Do You Issue Certificate of Completion ?

Yes, upon completion, you can download the Certificate of Completion. Syiok Leh ?!

If you want to download the Certificate of Completion at the end of this course, please make sure the FULL NAME you key in is 100% Accurate ya ..

Will you update the training from time to time ?

This is not a guaranteed benefit when you sign up but we will try our best., You will receive UpToDate Training Content whenever the trainer feels necessary to do a follow up webinar. Happy Leh ?!

Disclaimer

Thank you for joining our educational webinar,

Before we begin, we would like to draw your attention to the following disclaimer:

1. Purpose: This webinar is intended solely for educational purposes. The information provided is for general informational and educational purposes only and does not constitute professional advice. The content presented should not be considered a substitute for professional advice, diagnosis, or treatment.

2. Expertise: The presenters and speakers in this webinar are experts in their respective fields. However, the information they provide is based on their own opinions and experiences. Attendees are encouraged to consult with qualified professionals for advice tailored to their individual situations.

3. No Guarantee of Results: While every effort has been made to ensure the accuracy and completeness of the information provided, we cannot guarantee specific outcomes. Results may vary based on individual circumstances, and the application of information discussed in the webinar is at the attendee's own risk.

4. Amendments: The organizers reserve the right to modify, suspend, or discontinue any aspect of the webinar, including content, presenters, and schedule, at their discretion.

By participating in this webinar, you acknowledge and agree to the terms outlined in this disclaimer. If you do not agree with these terms, please refrain from participating in the webinar.

Thank you for your understanding, and we hope you find this educational webinar informative and valuable.