Plain language law

New Zealand law explained for everyone

Companies Act 1993

Transfer of registration - Transfer of registration of companies to other jurisdictions

352: Approval of shareholders

You could also call this:

“Shareholders must vote to approve moving the company overseas”

If you want to move your company out of New Zealand, you need to get permission from your shareholders first. You can’t just apply to take the company off the New Zealand register without doing this. You have to hold a vote, and a special resolution must be passed. This means that a lot of your shareholders need to agree that it’s okay to move the company. Only after you get this approval can you ask to remove the company from the New Zealand register under section 351.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM322894.

Topics:
Business > Industry rules
Business > Fair trading
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351: Application to transfer incorporation, or

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353: Company to give public notice, or

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Part 19 Transfer of registration
Transfer of registration of companies to other jurisdictions

352Approval of shareholders

  1. A company must not apply to be removed from the New Zealand register under section 351 unless the making of the application has been approved by special resolution.