In order to incorporate a company under the Companies Act 1965, section 22 (6) of the Act

provides that the first step is for the applicant for registration (i.e. the promoter) to apply to
the Companies Commission of Malaysia to ascertain whether the proposed name is available
through lodgement of prescribed form (Form 13A). The proposed name of the company, if
available and approved, will be automatically reserved for a period of three months from the
date of the filing of Form 13A. Not all proposed name will be approved. Section 22 (1) of the
Act provides that a company shall not be registered by a name that, in the opinion of the
Registrar, is undesirable or is a name, or a name of a kind, that the Minister (i.e. the Minister
of the Ministry in charge of the Companies Commission of Malaysia) has directed the
Registrar of Companies not to accept for registration. Section 22 (3) provides that a limited
company shall have Berhad or the abbreviation Bhd as part of and at the end of its name. Section
22(4) provides that a private company shall have the word "Sendirian" or the abbreviation "Sdn." as
part of its name, inserted immediately before the word "Berhad" or before the abbreviation "Bhd." or in

if the
Registrar is satisfied as to the bona fides of the application and that the proposed name is a
name by which the intended company, company or foreign company could be registered
without contravention of section 22 (1) of the Act, the Registrar shall reserve the proposed
name for a period of three months from the date of the lodging of the application. Within the
provided three months period, the following documentation should be submitted to the
Companies Commission of Malaysia : (1) Memorandum of Association of the company,
which will identify the companys directors and secretary and will be signed by the
subscribers or founders, (2) Articles of Association of the Company, which will also identify
the directors and secretary and be signed by the subscribers; (3) Statutory declaration of
compliance with the Companies Act 1965 in the prescribed form, signed by the company
secretary; (4) Statutory declaration by the companys first directors together with the copy of
the identity card or passport (for foreign director) of each of the first directors, that they are
not bankrupt and have not been convicted of certain criminal offences; and (5) summary of
other details of the company to be incorporated (p. 235, A Legal Guide to Doing Business in
the Asia-Pacific By Albert Vincent Y. Yu Chang, Andrew Thorson).
the case of an unlimited company, at the end of its name. Section 22 (7) of the Act provides that