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Companies Act 1993

Overseas companies

333: Name to be reserved before carrying on business

You could also call this:

“Reserve your company name before doing business in New Zealand”

If you’re an overseas company and want to do business in New Zealand, you need to get your company name reserved first. This rule started when the Companies Act 1993 began.

If you’re already registered as an overseas company in New Zealand and want to change your name, you still need to reserve the new name before you can use it.

The rules for reserving a name for an overseas company are similar to the rules for New Zealand companies. You can find these rules in sections 20, 21, and 22 of the Companies Act.

If an overseas company breaks these rules, it’s breaking the law. The company can be fined as set out in section 373(2) of the Act. Also, each director of the company can be fined as set out in section 374(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM322865.

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“Registrar can approve different forms for overseas companies”

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“Overseas companies must register to do business in New Zealand”

Part 18 Overseas companies

333Name to be reserved before carrying on business

  1. An overseas company must not carry on business in New Zealand on or after the commencement of this Act unless the name of the overseas company has been reserved.

  2. Repealed

  3. An overseas company registered under this Part that carries on business in New Zealand must not change its name unless the name has first been reserved.

  4. The provisions of sections 20, 21, and 22 apply subject to any necessary modifications to the reservation of the name of an overseas company, including reservation on a change of name, in the same way as they apply to the registration of companies under this Act and to the change of names of companies registered under this Act.

  5. If an overseas company contravenes this section,—

  6. the company commits an offence and is liable on conviction to the penalty set out in section 373(2); and
    1. every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2).

      Compare
      • 1955 No 63 s 396A
      • 1983 No 53 s 23
      Notes
      • Section 333(2): repealed, on , by section 10 of the Companies Amendment Act 2013 (2013 No 111).