DICA Guidelines for Myanmar Company Names
INTRODUCTION
The Directorate of Investment and Company Administration (DICA) has issued new guidelines concerning company names. While DICA reviews and approves company names in accordance with Sections 25 to 27 of the Myanmar Companies Law (2017), certain company names, although not expressly prohibited, may still require conditional approval depending on the circumstances, or may be subject to closer scrutiny in line with policy considerations.
During registration, some proposed names may not comply with the provisions of the law, which can cause unnecessary delays in the process.
To enhance transparency and minimize inconvenience for business owners, DICA has issued the guidelines for the scrutiny and assessment of company names.
KEY PROVISIONS
A. Restrictions on Registration of Company Names Identical or Similar to Existing Names;
- DICA will not permit if a proposed company name that is identical or highly similar to an existing company’s name. Example include: K.M.L Co., Ltd., KML Co., Ltd and K-M-L Co., Ltd.; Global 1 Co., Ltd. and Global One Co., Ltd; Gl0bal Co., Ltd. and Global Co., Ltd.; Gold Co., Ltd. and Shwe Co., Ltd.; Su Latt Co., Ltd. and Hsu Lat Co., Ltd.
- Adding words such as “Group,” “Holding,” “International,” “Myanmar,” or “Family” after an existing company name will not be permitted.
- Names that are phonetically similar or differ only slightly in spelling from existing names will not be permitted, Example: Ayeyarwady Trading Co., Ltd and Irrawaddy Trading Co., Ltd.
- Rearranging the order of words in an existing company name will not be permitted. Example: Mandalay City Trading Co., Ltd. and City Mandalay Trading Co., Ltd.
- Names with minor spelling variations that result in similarity will not be permitted. Example: Khaing and Khine.
- Names that imply affiliation with governments, business associations, or bilateral treaty arrangements will not be permitted. Example: Myanmar Thai or Myanmar China.
- Identical brand names will not be permitted even if the businesses operate in different sectors, as this may cause public confusion regarding affiliation. Example include: Zay Ya Co., Ltd. and Zay Ya (ZY) Co., Ltd.; Zay Ya Technology Co., Ltd. and Zay Ya Tech Co., Ltd.; Zay Ya Travels & Tours Co., Ltd. and Zay Ya T & T Co., Ltd.
B. Company names prohibited and restricted by Law
- Words Affiliated with the Government: According to Myanmar Companies Law (2017), company names must not include words that indicate an association with the government, such as National Government, State, Central Bank, Union Government, President, Ministry, or any other term that suggests, or is likely to suggest, the patronage of the Government of Myanmar or any of its Ministries, Departments, Offices, or Agencies. Such usage may create a false impression of having a direct connection with the State and is therefore prohibited unless prior permission has been obtained.
- Restricted Words Not Specifically Provided in Law: The following categories of words, although not expressly listed in the Myanmar Companies Law (2017), are subject to restrictions:
1) Names that may give the impression of being associated with international organizations such as the UN, WHO, or ASEAN.
2) Names that may be culturally or religiously sensitive.
3) Political terms.
4) Names that may be deemed inappropriate for use under certain circumstances, as determined by the Registrar.
C. Direction to Change a Registered Company Name
If the registrar determines that the name of an existing company registered under the Myanmar Companies Law (2017) is inconsistent with the law or otherwise inappropriate for registration, the Registrar shall, in accordance with section 26 of Myanmar Companies Law (2017), direct the company to change its name.
CONCLUSION
These guidelines underscore the importance of selecting company names that comply with the provisions of the Myanmar Companies Law (2017) and align with regulatory and policy considerations. By adhering to these requirements, business owners can avoid unnecessary delays, ensure transparency in the registration process, and maintain the integrity of the corporate environment in Myanmar.
HOW ILAW MYANMAR ASSISTS YOU
ILAW Myanmar supports businesses by checking proposed company names for compliance with DICA rules, liaising with the Registrar when needed, assisting with name changes under Section 26— helping ensure smooth registration and avoiding unnecessary delays.
