Plain language law

New Zealand law explained for everyone

Companies Act 1993

Overseas companies

338: Use of name by overseas company

You could also call this:

“Rules for overseas companies using their names in New Zealand”

If you run a company from another country and do business in New Zealand, you need to follow some rules about your company’s name. You must make sure that your full company name and the country where your company was set up are clearly shown in two types of documents:

  1. Any written messages sent by your company or someone acting for your company.
  2. Any papers that your company (or someone acting for it) issues or signs that create a legal duty for your company.

You can use common short forms of words in your company name, as long as they don’t confuse people. For example, you might use ‘Ltd’ instead of ‘Limited’.

Remember, these rules are there to help people know who they’re dealing with when they do business with your company.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM322870.

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Part 18 Overseas companies

338Use of name by overseas company

  1. Every overseas company that carries on business in New Zealand must ensure that its full name, and the name of the country where it was incorporated, are clearly stated in—

  2. written communications sent by, or on behalf of, the company; and
    1. documents issued or signed by, or on behalf of, the company that evidence or create a legal obligation of the company.

      1. For the purposes of subsection (1), a generally recognised abbreviation of a word or words may be used in the name of an overseas company if it is not misleading to do so.

      Notes
      • Section 338(1)(a): amended, on , by section 41 of the Companies Act 1993 Amendment Act 1994 (1994 No 6).