Clause 23

A company may by special resolution resolve that its name should be changed to a name by which the company could have been registered without contravention of subsection (1) of section 22.[U.K.s. 18.][Aust. s. 23.]

If the Registrar approves the name which the company has resolved should be its new name he shall on payment of the prescribed fee issue a certificate of incorporation of the company under the new name and upon the issue of such certificate of incorporation the change of name shall become effective.

If the name of a company is (whether through inadvertence or otherwise and whether originally or by change of name) a name by which the company could not be registered without contravention of subsection (1) of section 22 the company may by special resolution change its name to a name by which the company could be registered without contravention of that subsection and, if the Registrar so directs, shall so change it within six weeks after the date of the direction or such longer period as the Registrar allows unless the Minister by written notice annuls such direction, and if the company fails to comply with the direction it shall be guilty of an offence against this Act and shall be liable on conviction to a fine not exceeding five hundred dollars and also to a default penalty.

Where the name of a company incorporated pursuant to any corresponding previous enactment has not been changed since the commencement of this Act, the Registrar shall not, except with the approval of the Minister, exercise his power under subsection (3) of this section to direct the company to change its name.

Where upon the date of the coming into operation of this Act a company which is a private company does not have the word “Private” or “Sendirian” as part of its name immediately before the word “Limited” or “ Berhad” or before the abbreviation “Ltd.” or in the case of an unlimited company at the end of its name, the company shall be deemed to have altered its name to include the word “Private” or “ Sendirian” immediately before the word “Limited” or “ Berhad” or before the abbreviation “Ltd.” or in the case of an unlimited company at the end of its name and the Registrar shall as soon as practicable after the commencement of this Act alter the name of the company set forth in the memorandum accordingly and issue a new certificate of incorporation in the name of the company as so altered:Provided that the provisions of this section shall not operate to prevent a private company which did not have the word “Private” or “Sendirian” as part of its name from continuing to use the name set forth in its memorandum immediately before the coming into operation of this Act until the expiration of two years after the commencement of this Act.

A change of name pursuant to this Act shall not affect the identity of the company or any rights or obligations of the company or render defective any legal proceedings by or against the company, and any legal proceedings that might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.