Companies Act 1993

Accounting records and financial reporting - Financial reporting - Registrar may grant exemptions to overseas companies

207L: Registrar may grant exemptions to overseas companies

You could also call this:

“Registrar can excuse overseas companies from some rules”

The Registrar can excuse big overseas companies from following some rules in sections 201, 202, 207, and 207E. The Registrar can do this only if they think the rules are too hard for the company to follow, if the company already has to follow similar rules in its home country, and if the excuse is not too big. The Registrar can add conditions to this excuse.

The Registrar can change or take away this excuse in the same way they gave it. When the Registrar gives an excuse, it is called ‘secondary legislation’. This means it has to be published for everyone to see. The Registrar also has to explain why they gave the excuse and why they think it’s okay to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6041587.

Topics:
Business > Industry rules
Business > Fair trading

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207K: Companies with fewer than 10 shareholders may opt in, or

“Small companies can choose to follow special financial reporting rules”


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207M: Publication and status of exemptions, or

“Removed section about publishing and enforcing overseas company exemptions”

Part 11 Accounting records and financial reporting
Financial reporting: Registrar may grant exemptions to overseas companies

207LRegistrar may grant exemptions to overseas companies

  1. The Registrar may exempt any large overseas company, or any class of large overseas companies, from compliance with any provision of sections 201, 202, 207, and 207E.

  2. The Registrar must not grant an exemption under this section unless he or she is satisfied that—

  3. compliance with the relevant provision would require the overseas company to comply with requirements that are unduly onerous or burdensome; and
    1. financial reporting requirements must be complied with in relation to the overseas company under the law in force in the country where the overseas company is incorporated or constituted and that those requirements are satisfactory; and
      1. the extent of the exemption is not broader than what is reasonably necessary to address the matters that gave rise to the exemption.
        1. The exemption may be granted on any terms and conditions that the Registrar thinks fit.

        2. The Registrar may vary or revoke an exemption in the same way as an exemption may be granted under this section.

        3. An exemption under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

        4. The Registrar’s reasons for granting the exemption (including why it is appropriate) must be published with the exemption.

        Compare
        Notes
        • Section 207L: inserted, on , by section 30 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
        • Section 207L(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
        • Section 207L(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
        • Section 207L(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).