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C9 : Incorporation of Companies (3) NAME SEARCH (Tips choosing name…
C9 : Incorporation of Companies
1) GENERAL RULE
OF INCORPORATION
Register w CCm
S16 : Lodge MOA & AOA w CCM + doc rq + payment of fees
2) REGISTRATION OF
PRIVATE COMPANY
i) application for approval of proposed name from CCM
ii) Preparation and filing on pre-incorporation doc which compromise of:
-Memorandum and Articles of Association
-FORM 48A (Statutory Declaration by a Person before Appointment as Director, or by a promoter before incorporation of corporation)
-FORM 6(Declaration of Compliance)
iii) Payment for incorporation fees
iv) Preparation and filing of post-incorporation documents which compromise of:
-FORM 44(Notice of Situation of the Registered Office)
-FORM 24(Return of Allotment of Shares)
-FORM 49(Particulars of Directors, Managers and Secretaries)
3) NAME SEARCH
1st step in incorporation of co under S22(6)
Promoters will have to decide :
-Specific type of companies (lmt by share, guarantee, unlimited)
-Proposed biz activities
-Suitable name for the co. (not conflict w other registered co)
The proposed name need to submit to CCM by filling FORM 13A (Request for availability of name) + RM30 fees per name
Name not more than 50 characters include "Sendirian Berhad"
Name search can conduct online
Tips choosing name
Ensure name :
-not similar to existing co
-not TM/Patent name of any product
-not conflict with object of proposed co
-undesirable name (offensive)
-not names which Minister has directed to CCM not to accept
s22(1) & s 341(1) : the name that Minister directed CCM not to accept :
-connection w Royal famility
-connecting to State of Federal gov
-connecting w ASEAN, Commonwealth, or Foreign Co.
-connecting to political party, society, trade union, co-operative society or building society
-etc
4) MANDATORY RULES
REGARDS NAME
i) Public used Berhad
ii) Private used Sdn Bhd
iii) Unlimited not bear words Bhd
iv) Limited by guarantee not have words Sdn or Bhd
5) APPROVAL
PROPOSED NAME
Within a week CCM will respond either :
-name rejected (w reason)
-name may be accepted w condition where further clarification is needed
-name accepted and approved
CCM will reserved the name for 3mths period, after that fresh application need to be filled