Omission of “Limited” or “Berhad” in names of limited companies, other than companies registered under Charities Act 1994
29.—(1)  Where it is proved to the satisfaction of the Registrar that a proposed limited company is being formed for the purpose of providing recreation or amusement or promoting commerce, industry, art, science, religion, charity, pension or superannuation schemes or any other object useful to the community, that it has some basis of national or general public interest and that it is in a financial position to carry out the objects for which it is to be formed and will apply its profits (if any) or other income in promoting its objects and will prohibit the payment of any dividend to its members, the Registrar may (after requiring, if the Registrar thinks fit, the proposal to be advertised in such manner as the Registrar directs either generally or in a particular case) approve that it be registered as a company with limited liability without the addition of the word “Limited” or “Berhad” to its name, and the company may be registered accordingly.
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(2)  Where it is proved to the Registrar’s satisfaction —
(a)that the objects of a limited company are restricted to those specified in subsection (1) and to objects incidental or conducive thereto;
(b)that the company has some basis of national or general public interest;
(c)that the company is in a financial position to carry out the objects for which it was formed; and
(d)that by its constitution the company is required to apply its profits (if any) or other income in promoting its objects and is prohibited from paying any dividend to its members,
the Registrar may grant his or her approval to the company to change its name to a name which does not contain the word “Limited” or “Berhad”, being a name approved by the Registrar.
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(3)  The Registrar may grant his or her approval on such conditions as the Registrar thinks fit, and those conditions are binding on the company and must, if the Registrar so directs, be inserted in the constitution of the company and the constitution may by special resolution be altered to give effect to any such direction.
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(4)  Where the constitution of a company includes, as a result of a direction of the Registrar given pursuant to subsection (3) or pursuant to any corresponding previous written law, a provision that the constitution must not be altered except with the consent of the Minister, the company may, with the Minister’s consent, by special resolution alter any provision of the constitution.
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(5)  A company is, while an approval granted under this section to it is in force, exempted from complying with the provisions of this Act relating to the use of the word “Limited” or “Berhad” as any part of its name.
(6)  Any approval granted under this section may at any time be revoked by the Registrar and, upon revocation, the Registrar must enter the word “Limited” or “Berhad” at the end of the name of the company in the register, and the company must thereupon cease to enjoy the exemption granted by reason of the approval under this section but before the approval is so revoked the Registrar must give to the company written notice of the Registrar’s intention and must afford it an opportunity to be heard.
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(6A)  If the Registrar is of the opinion that a company has ceased to satisfy the conditions of approval granted under subsection (1) or (2), the Registrar may revoke the approval.
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(7)  Where the approval of the Registrar under this section is revoked, the constitution of the company may be altered by special resolution so as to remove any provision in or to the effect that the constitution may be altered only with the consent of the Minister.
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(8)  Notice of any approval under this section must be given by the Registrar to the company or, in the case of a proposed limited company, to the applicant for the approval.
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(8A)  An appeal to the Minister against a decision of the Registrar under subsection (1) or (2) may be made by the following persons within the following times:
(a)in the case of a decision made by the Registrar under subsection (1) — by the promoter of the proposed limited company within 30 days after the notice is given by the Registrar under subsection (8);
(b)in the case of a decision made by the Registrar under subsection (2) — by the company within 30 days after the notice is given by the Registrar under subsection (8).
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(9)  Upon the application of the company or proposed limited company and payment of the prescribed fee, the Registrar must issue to the company or proposed limited company a certificate confirming the approval under this section.
(10)  This section does not apply to a limited company that is registered as a charity under the Charities Act 1994.
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(11)  Any approval of the Minister and any condition of the Minister’s approval that was in force immediately before 3 January 2016 for a company —
(a)to be registered without the word “Limited” or “Berhad” to its name; or
(b)to change its name to one which does not contain the word “Limited” or “Berhad”,
is on or after that date to be treated as the approval of the Registrar and condition of the Registrar’s approval.
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(12)  Any reference to the Minister’s approval in any condition of approval that was in force immediately before 3 January 2016 that was inserted in the constitution of a company pursuant to a direction of the Minister under section 29(3) in force immediately before that date is, on or after that date, to be read as a reference to the Registrar.
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(13)  A reference to a direction of the Minister in subsections (3) and (4) in force immediately before 3 January 2016 is, on or after that date, to be read as a direction of the Registrar.
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