Plain language law

New Zealand law explained for everyone

Companies Act 1993

Transfer of registration - Registration of overseas companies as companies under this Act

349: Effect of registration

You could also call this:

“What happens when an overseas company registers in New Zealand”

When an overseas company registers under this Act, it doesn’t create a new legal entity. The company stays the same as it was before. This means that the company’s identity and its status as a legal entity don’t change. The company keeps all its property, rights, and obligations. Any legal proceedings involving the company aren’t affected by the registration.

If someone wanted to start or continue legal proceedings against the overseas company before it registered under this Act, they can still do so after the company has registered. The same applies if the company itself wanted to start or continue legal proceedings against someone else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM322890.

Topics:
Business > Industry rules
Business > Fair trading
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Part 19 Transfer of registration
Registration of overseas companies as companies under this Act

349Effect of registration

  1. The registration of an overseas company under this Act does not—

  2. create a new legal entity; or
    1. prejudice or affect the identity of the body corporate constituted by the company or its continuity as a legal entity; or
      1. affect the property, rights or obligations of the company; or
        1. affect proceedings by or against the company.

          1. Proceedings that could have been commenced or continued by or against the overseas company before registration under this Act may be commenced or continued by or against the company after registration.