The Background
If you have ever tried to register a company in Myanmar and hit an unexpected snag over the name, you are not alone. The Directorate of Investment and Company Administration (“DICA“) reviews and approves company names in accordance with Sections 25 to 27 of the Myanmar Companies Law 2017, but in practice, businesses have frequently run into unnecessary delays simply because their chosen name did not comply with the law or failed to meet the prescribed requirements.
To address this, DICA has now issued formal guidelines aimed at making the process more transparent and reducing the time burden on businesses. Certain company names, although not expressly prohibited by law, may still be subject to conditional approval or require detailed scrutiny as a matter of policy and DICA’s registrars are now applying a more systematic approach to how they review names.
Here is what you need to know.
1. Do Not Pick a Name That Looks, Sounds, or Reads Like an Existing One
This is the headline rule, and it is broader than most people expect. The main consideration is to restrict the registration of company names that are identical or confusingly similar to existing names which may mislead the public. The guidelines give several practical examples of what will be caught:
- A proposed name that is exactly identical or highly similar to an existing company’s name — for example, “K.M.L Co., Ltd.” versus “KML Co., Ltd.” or “Global 1 Co., Ltd.” versus “Global One Co., Ltd.” — will not be permitted.
- Simply adding words such as “Group”, “Holding”, “International”, “Myanmar”, or “Family” after an existing company name will not be enough to differentiate your name — such applications will not be permitted.
- Names that are phonetically similar or contain only minor spelling differences will also be caught — for example, “Ayeyarwady Trading Co., Ltd.” and “Irrawaddy Trading Co., Ltd.” are considered too similar.
- Rearranging the order of words will not work either — “Mandalay City Trading Co., Ltd.” and “City Mandalay Trading Co., Ltd.” are treated as confusingly similar.
- Similarly, minor spelling variations (such as “Khaing” versus “Khine”) and names that imply an affiliation with governments, business associations, or bilateral treaty arrangements (such as “Myanmar Thai” or “Myanmar Chinese”) will not be permitted.
- Using the same brand name for different types of businesses can also be a problem. For example, “Ocean Construction Co., Ltd.” and “Ocean Trading Co., Ltd.” may cause the public to assume they are affiliated or part of the same group — which is precisely the kind of confusion DICA is seeking to prevent.
- Using a brand name alongside its own abbreviation — for example, “Zay Ya Co., Ltd.” alongside “Zay Ya (ZY) Co., Ltd.” — or using a shortened version of a business description, will not be permitted.
2. Certain Words Are Off-Limits — Even If They Are Not Explicitly Banned by Law
Beyond the similarity rules, DICA has flagged specific categories of words that will either be restricted outright or require prior approval before use.
- Names containing any of the following words: “National Government”, “State”, “Central Bank”, “Union Government”, “President”, “Ministry”, or any word which suggests, or is calculated to suggest, the patronage of the Government of Myanmar or any Ministry, Department, Office, or Agency thereof, which may create a false impression of having a direct connection with the State, shall not be used without prior permission.
- Names that could give the impression of being associated with international organizations such as the UN, WHO, or ASEAN will not be permitted.
- Names that are culturally or religiously sensitive, offensive, or that could potentially cause religious or racial conflict are also restricted.
- Political terms and expressions are off-limits, and DICA’s registrars retain discretion to direct that certain names are inappropriate depending on the circumstances.
3. Approval Today Does Not Guarantee Permanence
This is an important point that is easy to overlook. Even after a name has been approved and a company registered, if the Registrar subsequently determines that the name is non-compliant or otherwise inappropriate, the company may be directed to change its name in accordance with Section 26 of the Myanmar Companies Law 2017. In other words, a name approval is not necessarily final.
What This Means for You
Whether you are incorporating a new entity, restructuring an existing group, or advising a client on a new market entry, these guidelines have direct practical implications:
- Choose your name carefully and early. Run checks not just for identical names, but for phonetically similar and visually similar ones too. A name that feels distinctive to you may still be flagged by DICA.
- Avoid the obvious traps. Adding “International,” “Group,” or “Holdings” to an existing name is not a workaround — it is specifically called out as restricted.
- Steer clear of sensitive or official-sounding language. If your proposed name references a government body, an international organization, or anything with religious or political connotations, expect additional scrutiny and build in extra time.
- Do not assume prior approvals are bulletproof. DICA retains the power to require a name change even after registration, so investing in a robust name check upfront is time and money well spent.
For further information or advice on company registration, name approval, or related corporate matters in Myanmar, please contact us.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
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