Variable Capital Companies (Identical Names) Regulations 2020

No. S 23

Variable Capital Companies Act 2018

(ACT 44 OF 2018)

Variable Capital Companies
(Identical Names) Regulations 2020

In exercise of the powers conferred by section 165(2)(h) of the Variable Capital Companies Act 2018, the Minister for Finance makes the following Regulations:

Citation and commencement

1.  These Regulations are the Variable Capital Companies (Identical Names) Regulations 2020 and come into operation on 14 January 2020.

Identical names

2.—(1)  This regulation sets out the rules for determining whether a name is identical to —

(a) the name of any other VCC or any company, limited liability partnership, limited partnership or corporation or to any registered business name, mentioned in section 21(1)(b) of the Act;

(b) a name reserved under any of the provisions mentioned in section 21(1)(c) of the Act;

(c) any name of a VCC, name of a company, business name, name of a foreign company, name of a limited liability partnership or name of a limited partnership, mentioned in section 21(2) of the Act; and

(d) any name of a foreign company or a limited partnership mentioned in section 21(3) of the Act.

(2)  Subject to paragraph (4), the following are to be disregarded:

(a) “The”, where it is the first word of a name;

(b) the following words where they appear at the end of a name:

(i) “Berhad” or “Bhd”;

(ii) “Fund”;

(iii) “Limited” or “Ltd”;

(iv) “Limited Liability Partnership” or “LLP”;

(v) “Limited Partnership” or “LP”;

(vi) “Private” or “Pte”;

(vii) “Public Accounting Corporation” or “PAC”;

(viii) “Sendirian” or “Sdn”;

(ix) “Variable Capital Company” or “VCC”;

(x) “Vehicle”;

(c) the following words or expressions where they appear at the end of a name:

(i) “Asia”;

(ii) “Asia Pacific”;

(iii) “Associates”;

(iv) “company” or “and company”;

(v) “corporation”;

(vi) “Group”;

(vii) “Holding” or “Holdings”;

(viii) “Incorporated”;

(ix) “International”;

(x) “Partner” or “Partners”;

(xi) “Partnership” or “Partnerships”;

(xii) “Singapore”;

(xiii) “South Asia”;

(xiv) “South East Asia”;

(xv) “Trading”;

(xvi) “Worldwide”;

(xvii) “.co”;

(xviii) “.com”;

(xix) “.edu”;

(xx) “.gov”;

(xxi) “.net”;

(xxii) “.org”;

(xxiii) “.sg”;

(d) any word or expression which, in the opinion of the Registrar, is intended to represent any word or expression in —

(i) sub-paragraph (a) or (b); or

(ii) sub-paragraph (c);

(e) the plural version of any name;

(f) the type and case of letters, accents, spacing between letters, brackets, parentheses and punctuation marks.

(3)  The symbol “&” is to be treated as having the same meaning as the word “and”.

(4)  Paragraph (2)(c) and (d)(ii) does not apply if the relevant corporation —

(a) will be related within the meaning of section 4 of the Act to the proposed VCC to be registered under a proposed name; or

(b) is related within the meaning of section 4 of the Act to the VCC applying to change its name to a proposed name.

(5)  In paragraph (4), “relevant corporation” means a corporation carrying on business or operating under a name which would be identical to a proposed name of a VCC after the application of the rules set out in paragraphs (2) and (3).

Made on 13 January 2020.

TAN CHING YEE

Permanent Secretary,
Ministry of Finance,
Singapore.

[F14.1.47; AG/LEGIS/SL/341A/2015/3 Vol. 1]