Malaysia legislation
Section 21
Section 21
Labuan Companies 45
(2)
A Labuan company shall have—
(a)
the word “Corporation” or the word “Incorporated” or the abbreviation “Corp.” or “Inc.”;
(b)
the word “Limited” or the abbreviation “Ltd.”;
(c)
the words “Public Limited Company” or the abbreviation
“P.L.C.”;
(d)
the words “Societe Anonyme” or “Sociedad Anonima” or the abbreviation “S.A.”;
(e)
the words “Aktiengesellschaft” or the abbreviation “A.G.”;
(f)
the words “Naamloze Vennootschap” or the abbreviation
“N.V.”;
(g)
the words “Perseroan Terbatas” or the abbreviation “P.T.”;
or
(h)
in romanized characters, any word or words in the national language of any country which connote a joint stock company limited by shares, or any abbreviation thereof, as part of its name.
(2A)
A Labuan company may have the word “(L)” as part of its name.
(2B)
Notwithstanding subsection (2), a Labuan company may have as part of its name the word “Berhad” or the abbreviation “Bhd.” but where the word “Berhad” or the abbreviation “Bhd.” is used as part of the name of the Labuan company, the Labuan company shall in addition have the word “(L)” as part of its name.
(2C)
Subsection (2) shall not apply to a Labuan company that is incorporated for non-profitable purposes including social, charitable or educational.
Labuan Companies 47
(2D)
Where a Labuan company has a non-romanized character or alphabet as part of its name, an accurate and certified rendition of the name in the English language shall be employed and be clearly stated in—
(a)
every written communication sent by, or on behalf of, the company; and
(b)
every document issued or signed by, or on behalf of, the company that evidences or creates a legal obligation of the company.
(3)
No description of a Labuan company shall be deemed inadequate or incorrect by reason of the use of an abbreviation or abbreviations in place of any word or words referred to in subsection (2).
(4)
A person may lodge with the Authority an application in the prescribed form for the reservation of a name set out in the application as—
(a)
the name of an intended Labuan company; or
(b)
the name to which Labuan company proposes to change its name.
(5)
If the Authority considers that the application is made bona fide and is satisfied that the proposed name is a name by which the intended Labuan company or the Labuan company could be registered without contravention of subsection (1), the Authority shall reserve the proposed name for a period of three months from the date of the lodging of the application.
(6)
During a period for which a name is reserved, no person (other than the Labuan company or intended Labuan company in respect of which the name is reserved) shall be registered under this Act or any other Act, whether originally or on a change of name, under the reserved name or under any other name that, in the opinion of the
48 Laws of Malaysia ACT 441
Authority, so closely resembles the reserved name as to be likely to be mistaken for that name.
(7)
The reservation of a name under this section in respect of an intended Labuan company or a Labuan company shall not in itself entitle the intended company or company to be registered by that name, either originally or on change of name.
Change of name