Changing a Company's Registered Name

Changing a company name is not simply a matter of filling in a form — it begins with a members’ special resolution and ends only when SSM issues the notice of registration of the new name. Until that moment, the old name remains legally valid.

What is the lawful way to change a company name?

Under Section 28(1) of the Companies Act 2016, a company may resolve that its name be changed by special resolution. A special resolution is a resolution passed by members representing not less than 75% of the voting rights (Section 292).

Once the resolution is passed, the company secretary files a notification with the Registrar within thirty (30) days of the date of that resolution (Section 28(2)). The “Application for Change of Name” form is signed by the secretary and contains a declaration that the information is true.

What are the two steps on the SSM portal?

The application is made online through the Corporate Registry System (CRS) portal on SSM4U and involves two sequential processes:

Step	Action	Fee
1. Name search & reservation	Check availability of the new name and reserve it	RM50
2. Change of name application	File the change once the name is approved	RM100

After the name is approved, the applicant has 30 days to proceed with the change of name application (SSM Guidelines, item 2.2). The SSM client charter is one (1) working day after a complete submission with full payment is received (SSM Guidelines, item 3).

When does the change of name take effect?

Once the Registrar is satisfied that the new name complies with the Act and the fee has been paid, the Registrar will enter the new name in place of the old name and issue a notice of registration (Section 28(3)). According to Section 28(4), the change takes effect from the date the notice of registration of the new name is issued.

The change of name does not affect the company’s rights, obligations, or legal proceedings (Sections 28(5) and (6)) — it is the same entity, only with a new name.

What happens to the old name?

The old name does not disappear immediately. Under Section 30(4), the company’s former name must appear beneath the present registered name on business letters, notices and official publications (including electronic form) for not less than twelve (12) months from the date of the change.

For example, a company changing from “ABC Trading Sdn Bhd” to “ABC Global Sdn Bhd” must display “(formerly ABC Trading Sdn Bhd)” on its letterhead and invoices throughout that 12-month period. If the company is wound up within one year of the change, both names must appear on all winding-up notices and advertisements (Section 28(7)).

What timelines and penalties should you watch out for?

• 30 days to file after the special resolution — delay attracts a late filing fee (SSM Guidelines, item 5.3).
• 30 days to answer any SSM query, failing which the application is automatically rejected (SSM Guidelines, item 5.1).
• All fees paid are non-refundable (SSM Guidelines, item 5.2, which refers to Regulation 8(4) of the Companies Regulations 2017).
• Contravening Section 28 is punishable by a fine not exceeding RM50,000 (Section 28(8)).
• Making a false declaration on the form is an offence under Section 591 — imprisonment for up to 10 years or a fine of up to RM3 million, or both.

What’s next

Before passing the special resolution, run a preliminary name search to ensure the chosen name is available and not prohibited. Once the new name is registered, update the company’s registered documents, signage, website, stamps and invoicing systems, and begin the 12-month “formerly…” display. Also notify the bank, LHDN, RMCD (if SST-registered) and other stakeholders of the new name.