Plain language law

New Zealand law explained for everyone

Companies Act 1993

Company names

23: Change of name

You could also call this:

“How to change your company's name and what it means”

If you want to change your company’s name, you need to follow some rules. You must fill out a special form and include a notice that shows you’ve reserved the new name. Usually, a director of your company needs to make this request, and the board should approve it. But you should check your company’s rules to be sure.

Changing your company’s name doesn’t mean you’re changing the company’s rules, unless your company’s own rules say otherwise.

When you send in your completed form, the Registrar (the person in charge of keeping track of companies) will do two things. They will put your new company name in the official list of New Zealand companies. They will also give you a new certificate that shows your company’s new name.

Your company’s name change starts from the day on the new certificate. Changing your name doesn’t change any of your company’s rights or responsibilities. If someone was going to take legal action against your company, they can still do so under your new name.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM320127.

Topics:
Business > Industry rules
Business > Starting a business
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22: Application for reservation of name, or

“How to apply to reserve a company name”

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24: Direction to change name, or

“Registrar can require a company to change its name or assign a new one”

Part 4 Company names

23Change of name

  1. An application to change the name of a company must—

  2. be in the prescribed form; and
    1. be accompanied by a notice reserving the name; and
      1. subject to the constitution of the company, be made by a director of the company with the approval of its board.

        1. Subject to its constitution, an application to change the name of a company is not an amendment of the constitution of the company for the purposes of this Act.

        2. As soon as the Registrar receives a properly completed application, the Registrar must—

        3. enter the new name of the company on the New Zealand register; and
          1. issue a certificate of incorporation for the company recording the change of name of the company.

            1. A change of name of a company—

            2. takes effect from the date of the certificate issued under subsection (3); and
              1. does not affect rights or obligations of the company, or legal proceedings by or against the company, and legal proceedings that might have been continued or commenced against the company under its former name may be continued or commenced against it under its new name.