Companies Act 1993

Registrar of Companies - Other matters relating to Registrar's powers

372: Fees

You could also call this:

“Rules for fees payable to the Registrar for company-related services”

The Governor-General can make rules about fees you have to pay to the Registrar. These fees are for things the Registrar does under this law. You might have to pay:

  • For the Registrar to do their job
  • A penalty if you’re late giving the Registrar a document
  • For other things related to this law

The Registrar can refuse to do their job until you pay the fee.

The Governor-General can let the Registrar forgive some or all of a late fee.

If the Registrar says no to a company name or takes back approval for a name, they might not charge for the next try to get a name approved.

If the Registrar makes a company change its name, the company doesn’t have to pay to reserve a new name or to change its name.

If you don’t pay a fee, the Registrar can take you to court to get the money.

The rules about fees are a type of law called secondary legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM323228.

Topics:
Business > Starting a business
Business > Industry rules
Government and voting > Government departments

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Part 20 Registrar of Companies
Other matters relating to Registrar's powers

372Fees

  1. The Governor-General may from time to time, by Order in Council, make regulations prescribing—

  2. fees or other amounts payable to the Registrar in respect of the performance or exercise of the Registrar’s functions, powers, and duties under this Act:
    1. amounts payable to the Registrar by way of penalty for failure to deliver a document to the Registrar within the time prescribed by this Act:
      1. fees or other amounts payable to the Registrar in respect of any other matter under this Act.
        1. The Registrar may refuse to perform or exercise a function, power, or duty until the prescribed fee or amount is paid.

        2. Any Order in Council made under subsection (1) may authorise the Registrar to waive, in whole or in part and on such conditions as may be prescribed, payment of any amount referred to in paragraph (b) of that subsection.

        3. If the Registrar declines to reserve a name or revokes the reservation of a name under section 22, the Registrar may remit the fee payable in respect of a subsequent application on behalf of the company to reserve a name.

        4. If the Registrar, under section 24(1), requires a company to change its name, no fee is payable in respect of an application for the reservation of a name or an application to change the name of the company.

        5. Repealed
        6. Repealed
        7. Repealed
        8. Any fee or amount payable to the Registrar is recoverable by the Registrar in any court of competent jurisdiction as a debt due to the Crown.

        9. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

        Compare
        • 1955 No 63 s 8
        • 1973 No 13 s 3
        • 1975 No 137 s 4
        Notes
        • Section 372(1)(a): amended, on , by section 4(1) of the New Zealand Business Number Funding (Validation and Authorisation) Act 2019 (2019 No 25).
        • Section 372(2): amended, on , by section 4(2) of the New Zealand Business Number Funding (Validation and Authorisation) Act 2019 (2019 No 25).
        • Section 372(3A): inserted, on , by section 45 of the Companies Act 1993 Amendment Act 1994 (1994 No 6).
        • Section 372(3B): inserted, on , by section 45 of the Companies Act 1993 Amendment Act 1994 (1994 No 6).
        • Section 372(3C): repealed, on , by section 372(3E).
        • Section 372(3D): repealed, on , by section 372(3E).
        • Section 372(3E): repealed, on , by section 372(3E).
        • Section 372(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).