Plain language law

New Zealand law explained for everyone

Companies Act 1993

Company names

22: Application for reservation of name

You could also call this:

“How to apply to reserve a company name”

You need to send or deliver an application to the Registrar if you want to reserve a name for a company. The application must be in the correct form.

The Registrar can’t reserve a name if:

  • Using it would break the law
  • It’s the same or very similar to another company’s name
  • It’s the same or very similar to a name that’s already been reserved and can still be used
  • The Registrar thinks it’s offensive

After you apply, the Registrar will write to you to let you know:

  • If they’ve reserved the name or not
  • If they have reserved it, how long it’s available for

If the name is reserved, you can use it to register a new company or change an existing company’s name. You have 20 working days to do this from the date in the Registrar’s letter. However, the Registrar might cancel the reservation before this time is up.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM320125.

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Part 4 Company names

22Application for reservation of name

  1. An application for reservation of the name of a company must be sent or delivered to the Registrar, and must be in the prescribed form.

  2. The Registrar must not reserve a name—

  3. the use of which would contravene an enactment; or
    1. that is identical or almost identical to the name of another company; or
      1. that is identical or almost identical to a name that the Registrar has already reserved under this Act and that is still available for registration; or
        1. that, in the opinion of the Registrar, is offensive.

          1. The Registrar must advise the applicant by notice in writing—

          2. whether or not the Registrar has reserved the name; and
            1. if the name has been reserved, that, unless the reservation is sooner revoked by the Registrar, the name is available for registration of a company with that name or on a change of name for 20 working days after the date stated in the notice.

              Notes
              • Section 22(2)(b): amended, on , by section 6(1) of the Companies Amendment Act 2013 (2013 No 111).
              • Section 22(2)(c): amended, on , by section 6(2) of the Companies Amendment Act 2013 (2013 No 111).
              • Section 22(3)(b): amended, on , by section 2 of the Companies Act 1993 Amendment Act 1994 (1994 No 6).