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Companies Act 1993

Miscellaneous

395: Regulations

You could also call this:

“Rules for how the Companies Act 1993 works in practice”

The Governor-General can make rules called regulations for the Companies Act 1993. These regulations can do many things:

They can create forms for the Act. The forms might need specific information, documents, or signatures.

The regulations can set rules for documents that need to be registered.

They can name countries where New Zealand can enforce fines for breaking company rules.

The regulations can ask for specific information for different parts of the Act.

They can set rules for how to manage a company when it’s closing down.

The regulations can name countries where certain company rules apply.

They can set rules for making short yearly reports.

The regulations can ask for specific information in reports about company problems.

They can make rules for anything else needed to make the Act work properly.

Different forms can be made for different types of people.

The regulations can be different for different kinds of people or situations.

These regulations are a type of law that needs to be published in a special way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM323281.

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Part 22 Miscellaneous

395Regulations

  1. The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. prescribing forms for the purposes of this Act; and those regulations may require—
    1. the inclusion in, or attachment to, forms of specified information or documents:
      1. forms to be signed by specified persons:
      2. prescribing requirements, not inconsistent with this Act, with which documents delivered for registration must comply:
        1. prescribing a country, State, or territory outside New Zealand as an enforcement country for the purposes of section 10(d) if the country, State, or territory has an agreement with New Zealand that allows for the recognition and enforcement there of New Zealand judgments imposing regulatory regime criminal fines:
          1. prescribing information required for the purposes of section 12(3)(b) and paragraph (ga) of Schedule 4:
            1. prescribing information required for the purposes of section 94A(e):
              1. regulating, in a manner not inconsistent with this Act, the conduct of liquidations:
                1. prescribing countries, States, or territories outside New Zealand for the purposes of section 151(2)(eb):
                  1. prescribing countries, States, or territories outside New Zealand for the purposes of section 151(2)(ec):
                    1. prescribing requirements for the preparation of concise annual reports:
                      1. prescribing information that must be contained in a report or statement for the purpose of—
                        1. section 239ACZB(3), 243A(2), 255(2)(c)(ii), 255(2)(d), 257(1)(a), or 257(1)(c); or
                          1. section 24(3) or 24A(2) of the Receiverships Act 1993, in relation to a receivership under that Act:
                          2. prescribing countries, States, or territories outside New Zealand for the purposes of section 343A:
                            1. prescribing classes of information or documents for the purposes of section 343A:
                              1. providing for such other matters as are contemplated by or necessary for giving effect to the provisions of this Act and for its due administration.

                                1. Different forms for the purposes of this Act may be prescribed for different classes of persons.

                                2. Regulations made under this section may provide for different regulations to apply in respect of different kinds or classes of persons or circumstances.

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

                                Notes
                                • Section 395(1)(ba): inserted, on , by section 23 of the Companies Amendment Act 2014 (2014 No 46).
                                • Section 395(1)(bb): inserted, on , by section 23 of the Companies Amendment Act 2014 (2014 No 46).
                                • Section 395(1)(bb): amended, on , by section 34 of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).
                                • Section 395(1)(bc): inserted, on , by section 23 of the Companies Amendment Act 2014 (2014 No 46).
                                • Section 395(1)(ca): inserted, on , by section 15(1) of the Companies Amendment Act (No 2) 2006 (2006 No 62).
                                • Section 395(1)(caa): inserted, on , by section 58 of the Companies Amendment Act 2014 (2014 No 46).
                                • Section 395(1)(cb): inserted, on , by section 15(1) of the Companies Amendment Act (No 2) 2006 (2006 No 62).
                                • Section 395(1)(cba): inserted, on , by section 56(1) of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).
                                • Section 395(1)(cc): inserted, on , by section 15(1) of the Companies Amendment Act (No 2) 2006 (2006 No 62).
                                • Section 395(1)(cd): inserted, on , by section 15(1) of the Companies Amendment Act (No 2) 2006 (2006 No 62).
                                • Section 395(2): inserted, on , by section 15(2) of the Companies Amendment Act (No 2) 2006 (2006 No 62).
                                • Section 395(3): inserted, on , by section 56(2) of the Insolvency Practitioners Regulation (Amendments) Act 2019 (2019 No 28).
                                • Section 395(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).