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351: Application to transfer incorporation
or “How to apply to move your company to another country”

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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Next up: 353: Company to give public notice

or “Companies must publicly announce plans to move overseas before applying for removal from NZ register”

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.