Companies Act 1993 Amendment Regulations (No 2) 2004

2004/453

Companies Act 1993 Amendment Regulations (No 2) 2004


Note

These regulations are administered in the Ministry of Economic Development.


Pursuant to section 395 of the Companies Act 1993, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • (1) These regulations are the Companies Act 1993 Amendment Regulations (No 2) 2004.

    (2) In these regulations, the Companies Act 1993 Regulations 19941 are called the principal regulations.

2 Commencement
  • These regulations come into force on 1 February 2005.

3 New regulation 4 substituted
  • The principal regulations are amended by revoking regulation 4, and substituting the following regulation:

    4 Forms
    • (1) The forms set out in Schedule 1 must be used for the purposes of the Act, and the particulars contained in those forms are prescribed as the particulars required under the Act.

      (2) If a prescribed form continues on 2 or more pages the following heading must appear at the top of each of those pages:

      .
4 New regulations 7 and 7A substituted
  • The principal regulations are amended by revoking regulation 7, and substituting the following regulations:

    7 General requirements for documents
    • (1) All documents prepared to be registered or to be delivered, sent, or forwarded to the Registrar must be legible.

      (2) If a document is required to be signed,—

      • (a) the signature must be an original signature; and

      • (b) the name of the signatory must be legibly typed, printed, stamped, or written below the original signature.

    7A Email address must be provided if application for registration of company or annual return is registered, delivered, sent, or forwarded using online service
    • (1) If an application for the registration of a company is registered, delivered, sent, or forwarded to the Registrar using an online service,—

      • (a) an email address for communication with the person who registers, delivers, sends, or forwards the application to the Registrar must be provided with the application; and

      • (b) an email address for communication with the company must be provided with the application.

      (2) If an annual return for a company is registered, delivered, sent, or forwarded to the Registrar using an online service,—

      • (a) an email address for communication with the person who registers, delivers, sends, or forwards the annual return to the Registrar must be provided with the annual return; and

      • (b) an email address for communication with the company must be provided with the annual return.

      (3) In this regulation, online service means a service provided by, or on behalf of, the Registrar that allows documents to be registered, delivered, sent, or forwarded to the Registrar by means of the Internet.

5 New Schedule 1 substituted
  • The principal regulations are amended by revoking Schedule 1, and substituting the Schedule 1 set out in the Schedule.


Schedule
New Schedule 1 substituted in principal regulations

r 5

Schedule 1
Forms

r 4

Form 1Application for registration of company
Form 2Consent and certificate of director or directors of proposed company
Form 3Consent of shareholder or shareholders of proposed company
Form 4Application for reservation of company name
Form 5Application to change name of company
Form 6Notice of adoption, alteration, or revocation of constitution
Form 7Notice of issue of shares under section 41(b) / section 42 / section 107(2) and of approval for issue of shares under section 44(1)
Form 8Notice of purchase or acquisition by company of own shares
Form 9Consent and certificate of director
Form 10Notice of change of directors and particulars of directors
Form 11Notice of change of registered office or of address for service
Form 12Annual return
Form 13Consent and certificate of director or directors of amalgamated or proposed company
Form 14Request to remove company from register
Form 15Notice of change of name of overseas company
Form 16Application for registration of overseas company on overseas register
Form 17Notice of alteration of constitution of overseas company, change in directors, change in place of business, or change in persons authorised to accept service
Form 18Annual return of overseas company
Form 19Notice by overseas company of intention to cease to carry on business in New Zealand
Form 20Application by overseas company to register as company
Form 21Application for removal from New Zealand register.

Form 1
Application for registration of company

.
.
.

Form 2
Consent and certificate of director or directors of proposed company

.
.

Form 3
Consent of shareholder or shareholders of proposed company

.
.

Form 4
Application for reservation of company name

.

Form 5
Application to change name of company

.

Form 6
Notice of adoption, alteration, or revocation of constitution

.

Form 7
Notice of issue of shares under section 41(b)/* section 42/* section 107(2)* and of approval for issue of shares under section 44(1)*

.
.

Form 8
Notice of purchase or acquisition by company of own shares

.
.

Form 9
Consent and certificate of director

.
.

Form 10
Notice of change of directors and particulars of directors

.
.
.

Form 11
Notice of change of registered office or of address for service

.
.

Form 12
Annual return

.
.
.

Form 13
Consent and certificate of director or directors of amalgamated or proposed company

.
.

Form 14
Request to remove company from register

.

Form 15
Notice of change of name of overseas company

.

Form 16
Application for registration of overseas company on overseas register

.
.
.

Form 17
Notice of alteration of constitution of overseas company, change in directors, change in place of business, or change in persons authorised to accept service

.
.
.
.

Form 18
Annual return of overseas company

.
.

Form 19
Notice by overseas company of intention to cease to carry on business in New Zealand

.

Form 20
Application by overseas company to register as company

.

Form 21
Application for removal from New Zealand register

.
.

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 February 2005, amend the Companies Act 1993 Regulations 1994 by replacing the forms that are prescribed by those regulations.

These regulations also—

  • simplify the general requirements for documents. The main requirement is that documents sent, delivered, or forwarded to the Registrar must be legible; and

  • add a new requirement for an email address to be provided if an application for registration of a company or an annual return is sent, delivered, or forwarded using an online service.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 16 December 2004.


  • 1 SR 1994/118