Registration of New Business

How to register a business?

The initial step to start a business is to register your business name and company with the Companies Commission of Malaysia (CCM).

GUIDELINES FOR BUSINESS NAME APPLICATION

  1. A business name represents a style or topic that is used to recognise the identity of the business carried out.
  2. A business name can be categorised into two (2) types:
    1. Personal name as stated in the identity card is not required to apply for approval of the business name.
      Example: Ruslan bin Mohamed, Siow Ah Thai or, Ramasamy a/l Mutusamy.
    2. Trade Name is the name of the proposed business and must obtain prior approval from the Registrar of Business at Suruhanjaya Syarikat Malaysia.
      Example: Kedai Dobi Mewah, Lucky Star Catering, or ABS Unggul Enterprise.

Procedures:

  1. Complete the Business Name Approval Form (Form PNA.42) with three (3) proposed business names. Business names will be approved according to priority and will be attached to the New Business Registration Form (Form A) at the counter.
  2. The person responsible, either the business owner or partner, must submit the application to the counter or via online at the CCM e- Lodgement services in the CCM's website at www.ssm.com.my

Additional Information:

  1. Business name should not be too long and not more than fifty (50) characters including spaces between words.
  2. The use of numbers, sign and symbols are not allowed as part of a business name.
  3. Gazetted words under Government Gazette No. 716 dated 30 January 1997, Gazette Amendments of 2001 and the names that administratively controlled under the Companies Act 1965 will also be considered controlled for a business name. Government Gazette and Guidelines on Company Name can be viewed in the CCM's website at www.ssm.com.my
  4. Besides obtaining approval from CCM for the use of the words Nurseries, Care Centre, Kindergarten, Tuition Centres, Colleges and Schools as part of business name must obtain the approval of business names, business owners must also obtain written permission from other relevant agencies prior to registering the business.
  5. Business name registered must be in accordance with the type of business.
  6. The business name registered cannot be altered or changed once the business is registered.

RULE 15, REGISTRATION OF BUSINESSES RULES 1957

Business names that shall not be registered except with the consent of the Minister
  1. Except with the consent of the Minister, no business shall be registered by a name which,
    1. contains any word suggesting connection with the Yang di-Pertuan Agong, the Raja Permaisuri Agong or the Ruler of a state or a member of the Royal Family or Royal patronage, including such words as "Royal" or any equivalent expression;
    2. contains any word suggesting connection with the Federal or a State government department, statutory body, authority or agency or any municipality or other local authority, including such words as "Federal", "State" or "National";
    3. contains any word suggesting connection with any Asean, Commonwealth or other foreign government or with the United Nations or any other international organisation;
    4. contains the word "Chartered" or any words suggesting connection with any Society or body incorporated by Royal Charter ;
    5. contains the word "Association" "Union", "Foundation", "Trust", "Forces", "Co-operative", "International" or any equivalent expression;
    6. contains any word that is blasphemous or likely to be offensive to members of the public;
    7. contains any word that is misleading as to the nature, scope or importance of the business carried on or to be carried on under such name;
    8. contains any word that is offensive to any race or religion.
  2. The Registrar with the consent of the Minister may restrict the usage of any other names which in his opinion is undesirable and the Registrar shall cause such names to be published in the Gazette.

GOVERNMENT GAZETTE BIL DATED 30 JANUARY 1997

Direction of the Minister under Sections 22(1) and 341 Companies Act 1965

Pursuant to section 22(1) and 341 Companies Act 1965, the Minister directs the Registrar of Companies not to accept for registration any name of a company or a foreign company that is a name or a name of kind mentioned in the Schedule unless prior approval of the Minister has been obtained.

SCHEDULE

  1. Names suggesting connection with a member of the Royal Family or Royal patronage including names containing such words as "Royal", "King", "Queen", "Prince", "Princess", "Crown", "Regent", "Imperial";
  2. Names suggesting connection with a State or Federal government department, statutory body, authority or government agency or any municipality or other local authority including names containing such words as "Federal", "State", "National";
  3. Names suggesting connection with any Asean, Commonwealth or foreign government or with the United Nation or with any other international organisation or cartel including names containing such words as "ASEAN", "UNESCO", "NATO", "EEC", "OPEC";
  4. Names suggesting connection with any political party, society, trade union, co-operative society or building society;
  5. Names including the following words or any words of like import: "Bank", "Banker", "Banking", "Bumiputra", "Bureau", "Chamber ofCommerce and Industry", "Chamber of Manufacturers", "Chartered", "College", "Consmer", "Council", "Credit", "Exchange", "Executor", "Fair Price", "Finance", "Foundation", "Fund", "Guarantee", "Institute", "Insurance", "Investment", "International", "Leasing", "Made in Malaysia", "Prime", "Registry", "Treasury", "Trust", "Unit Trust", "University";
  6. Names that are misleadimg as to the identity, nature, objects or purposes of a company or in any other manner;
  7. Names that are blasphemous or likely to be offensive to members of the public;
  8. Names which –
    1. are translation of a name of a company or foreign company registered under the Act; or
    2. may resemble or be mistaken for the name of any other company or foreign company registered under the Act; or
    3. may resemble or be mistaken for a name that is being reserved for the purpose of incorporation of a new company or registration of a foreign company or for the purpose of a change of name of a company or foreign company registered under the Act.

GUIDELINES FOR REGISTRATION OF NEW BUSINESS

Business includes every form of trade, commerce, craftsmanship, calling, profession or other activity carried on for the purposes of gain, but does not include any office or employment or any charitable undertaking or any occupation specified in the schedule under the provisions of the Business Registration Act 1956 (ROBA 1956). Business that may be registered under the ROBA 1956 is a business operating in West Malaysia which includes Peninsular Malaysia and the Federal Territory. The types of business are as follows:

  1. Sole Proprietorship – a business wholly owned by a single owner
  2. Partnership – a business owned by at least two (2) persons and not more than twenty (20) partners.

 

Registration Procedure:

  1. Business may be registered using personal name or using a trade name.
    1. The business name using personal name as stated in the identity card is not required to apply for business name.
    2. Trade Name is the name of the proposed business and must obtain prior approval from the Registrar of Business.
  2. Complete the Business Registration Form (Form A) with the following information:
    1. Business name
    2. Commencement date of business
    3. Principal place of business
    4. The address of the branch of business (if any)
    5. Information of owner and partners
    6. Type of business carried out
    7. Provide a copy of the Partnership Agreement (if any)
  3. Every business owner and partner must sign the completed Form.
  4. Owner/ all partners to be present at the counter for registration
  5. Documents to be attached are as follows:
    1. Permit, licence or Supporting letter for the type of business e.g Nurseries (Department of Social Welfare), Kindergarten, Tuition Centres, Schools/College (Ministry/ Department of Education); and
    2. Approval or Supporting Letter from relevant agency if required by the Registrar of Business.

Requirement

  1. Owner must be a Malaysian Citizen or Permanent Resident of Malaysia.
  2. Owner must be aged between 18 years and above.
  3. Only onwer / partner allowed making an application.

Registration Fee:

  1. Sole proprietorship using personal name as stated in the identity card: RM30.00
  2. Sole proprietorship or partnership using trade name: RM60.00
  3. Registration of branches: RM5.00 for each branch
  4. Business Information Print-out: RM10.60 (Inlcuding GST)

General Guide:

  1. Register the business not later than thirty (30) days fro the date commencement of business.
  2. A new business registration may valid for a period of one (1) year and does not exceed five (5) years on each registration.
  3. The nature of the registered business should not contravene any laws or likely to be used for unlawful purposes or any purpose prejudicial to or incompatible with the security of the Federation, public order or morality
  4. Business Registration Certificate can be obtained within one (1) hour from the time payment is made.
  5. A person who carries on business without registering a business commits an offence under the ROBA 1956 and if found guilty be fined not exceeding RM50,000 or imprisonment for a term not exceeding two (2) years or both.
  6. Even though businesses have been registered with SSM, business owners are responsible to obtain licences, permits or approval letters from other relevant authorities in order to operate their businesses.
(Source: Companies Commission of Malaysia (CCM) website: www.ssm.com.my/en, Updated Oct 2017)

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