Overview of Company Name Search in Malaysia
The SSM is also known as The Companies Commission of Malaysia (SSM). It is a statutory body formed as a result of a merger between the Registrar of Companies (ROC) and the Registrar of Businesses (ROB) in Malaysia which regulates companies and businesses.
To incorporate a business, company name search application is one of the fundamental application process. However, when you log onto the SSM Online system, you will realize there is something you should know. Search result on the SSM Online System is not comprehensive enough. Some company name search may present as no result shown on the website. But no result does not represent no one using the name, it could be some other reasons the name has not been displayed.
When considering your new company name, you need to be aware that there are some words that you can’t use in your new company name, unless with the approval from the Minister of Domestic Trade and Consumer Affairs or from the relevant government agencies before you can use it in your new company’s name.
However, even you have searched on SSM Online System and checked with SSM e-Info system, whereby the search result shows no one is using your desired company’s name, there might be some other reasons why SSM officers may reject your company’s name applied.
Firstly, company name search application might be rejected by SSM due to proposed company’s name is similar with the existing company and may cause some confusion to the public. Apart from that, reason why SSM officer rejects the company name search application is probably due to the proposed company’s name is similar with the former name of existing company and may create undesirable confusion to the Public members.
Another reason why SSM officers will reject your company name search application is because the proposed company’s name is prohibited by the Companies Act 1965 or any other relevant Acts. Last but not least, the proposed company’s name is undesired for the use as company name.
Every company is required to apply in the prescribed form to the Registrar for a search as to the availability of the proposed name of the intended company or the foreign company, as well as for the reservation of that name. For more information, please refer to the Government Gazette No. 716 dated 30 January 1997, Gazette (Amendment) dated 11 October 2001, Guidelines For Naming A Company and Guidelines for Application Of A Company Name. Meanwhile, similar provision which applicable for foreign companies is contained in section 341 (1) of the Act.