Starting a business
This page contains different parts of laws about Starting a business, within the topic of Business.
Related Plain Language Law
Financial Service Providers (Registration and Dispute Resolution) Act 2008
The Registrar can say no to papers that don't follow the rules
30: Registrar may refuse to accept document
Income Tax Act 2007
Income from transferred employee costs when buying a business
CB 31: Disposal of business: transferred employment income obligations
Income Tax Act 2007
Tax rules when selling a business and transferring employees
DC 10: Disposal of business: transferred employment income obligations
Income Tax Act 2007
This provision about refunds during bankruptcy has been removed from the law
EH 54: Income when refund given on bankruptcy
Income Tax Act 2007
How to calculate your total ownership in a company
FE 38: Measuring ownership interests in companies
Income Tax Act 2007
How to calculate your share of company ownership
FE 39: Direct ownership interests
Income Tax Act 2007
How a company can choose to become a qualifying company
HA 5: Elections to become qualifying company
Income Tax Act 2007
Choosing when your company becomes a qualifying company
HA 30: When elections take effect
Income Tax Act 2007
How shareholders can cancel their company election
HA 32: Revocation of shareholders’ elections: by notice
Income Tax Act 2007
How to calculate your ownership in a company
HA 44: Measuring effective interests
Income Tax Act 2007
How you might pay income tax on trust income if you set up a trust
HC 29: Settlors’ liability to income tax
Income Tax Act 2007
Company must be incorporated or operate in New Zealand
IC 7: Place of incorporation or carrying on business
Income Tax Act 2007
How much of a company you own based on your shares and options
YC 3: Market value interests
Income Tax Act 2007
Converting a foreign company to a limited liability company
YC 19: Legislative conversion of foreign company of proprietors
Income Tax Act 2007
How to choose for your company to become a look-through company for tax purposes
HB 13: LTC elections
Income Tax Act 2007
How a qualifying company can become a sole tradership
HZ 4D: Qualifying companies: transition into sole traderships
Income Tax Act 2007
How to handle extra payments when buying or selling a business using foreign agreements
EW 33D: Foreign ASAPs: contingencies for business combinations
Food Act 2014
How to register your food business in writing
113: Application for registration
Food Act 2014
The government can charge fees for food-related services, like starting a food business or getting a food safety check, and the fees can vary depending on the service or business.
204: Regulations may impose fees and charges
Food Act 2014
Who to apply to when registering a food business
82: Application for registration: who is appropriate registration authority
Food Act 2014
They can ask for more details when you apply to register a food business.
85: Registration authority may require further information
Food Act 2014
Rules for registering a food business in a national programme
86: Criteria for registration of food business subject to national programme
Charitable Trusts Act 1957
The official name of this law and when it started working
1: Short Title and commencement
Charitable Trusts Act 1957
Trustees can ask to become a board for their charity
7: Trustees may apply for incorporation
Charitable Trusts Act 1957
How to apply to make your group or trust official
10: Applications for incorporation
Charitable Trusts Act 1957
How to make your trust board official
11: Registration of boards
Charitable Trusts Act 1957
Rules for choosing a name for your charitable trust board
15: Name of board
Companies Act 1993
This section explains the official name of the law and when it took effect
1: Short Title and commencement
Companies Act 1993
Explains the meaning of important terms used in the Companies Act 1993
2: Interpretation
Companies Act 1993
Rules for determining if a company is a subsidiary of another
8: Certain matters to be disregarded
Companies Act 1993
What you need to set up a company in New Zealand
10: Essential requirements
Companies Act 1993
Official document proving a company's legal existence
14: Certificate of incorporation
Companies Act 1993
Companies are separate legal entities from their owners
15: Separate legal personality
Companies Act 1993
You must reserve a company name before registering or changing it
20: Name to be reserved
Companies Act 1993
Companies with limited shareholder liability must end their name with "Limited" or "Tāpui (Limited)"
21: Name of company if liability of shareholders limited
Companies Act 1993
How to apply to reserve a company name
22: Application for reservation of name
Companies Act 1993
Registrar can require a company to change its name or assign a new one
24: Direction to change name
Companies Act 1993
Companies can decide whether to have a constitution or not
26: No requirement for company to have constitution
Companies Act 1993
Rules for what counts as a company's constitution
29: Form of constitution
Companies Act 1993
What you can include in your company's constitution
30: Contents of constitution
Companies Act 1993
Creating, changing, or removing a company's constitution
32: Adoption, alteration, and revocation of constitution
Companies Act 1993
Submitting a single document with all company rules and changes
33: New form of constitution
Companies Act 1993
Court can change a company's constitution when normal methods are impractical
34: Court may alter constitution
Companies Act 1993
Shares are parts of a company. They have rules and rights. You can buy and sell them.
Companies Act 1993
Rules for companies when agreeing to issue new shares
40: Contracts for issue of shares
Companies Act 1993
Shares must be given out when a company is formed or joins with another
41: Issue of shares on registration and amalgamation
Companies Act 1993
Telling the Registrar when new shares are issued
43: Notice of share issue
Companies Act 1993
How you can pay for shares when a company issues them
46: Consideration for issue of shares
Companies Act 1993
How you might need to pay for shares when a company is first set up
46A: Consideration for issue of shares on registration
Companies Act 1993
Shares become official when the owner's name is added to the share register
51: Time of issue of shares
Companies Act 1993
Defining when a company's shares can be bought back
68: Meaning of redeemable
Companies Act 1993
Companies must keep a detailed record of all share ownership
87: Company to maintain share register
Companies Act 1993
Where companies must keep their list of shareholders
88: Place of share register
Companies Act 1993
Registering a deceased shareholder's personal representative as the new owner of shares
93: Personal representative may be registered
Companies Act 1993
Yearly meeting for company owners to discuss business matters
120: Annual meeting of shareholders
Companies Act 1993
How directors are appointed when a company starts and afterwards
153: Appointment of first and subsequent directors
Companies Act 1993
Court can appoint directors when a company lacks them
154: Court may appoint directors
Companies Act 1993
How a director can leave or be removed from their role
157: Director ceasing to hold office
Companies Act 1993
Informing the Registrar about changes to company directors
159: Notice of change of directors
Companies Act 1993
How board meetings are conducted and decisions are made
160: Proceedings of board
Companies Act 1993
Companies can approve contracts made before they were officially formed
182: Pre-incorporation contracts may be ratified
Companies Act 1993
Promises made when setting up contracts for future companies
183: Warranties implied in pre-incorporation contracts
Companies Act 1993
When the District Court can decide on pre-incorporation contracts
185A: Jurisdiction of District Court
Companies Act 1993
Every company must maintain an official address in New Zealand
186: Registered office
Companies Act 1993
How to change your company's official address
187: Change of registered office
Companies Act 1993
When and how to change your company's registered office if the Registrar tells you to
188: Requirement to change registered office
Companies Act 1993
Required records that companies must keep and where to keep them
189: Company records
Companies Act 1993
Company must have a New Zealand address for receiving official documents
192: Address for service
Companies Act 1993
How to change where your company receives official documents
193: Change of address for service
Companies Act 1993
Updating a company's official address in the register
193A: Rectification or correction of address for service
Companies Act 1993
Where you must store your company's accounting records
195: Place accounting records to be kept
Companies Act 1993
Companies must provide yearly updates to the Registrar
214: Annual return
Companies Act 1993
Registrar can update company addresses on the register based on annual return information
214A: Registrar may alter New Zealand register
Companies Act 1993
Sending required documents to register companies joining together
223: Registration of amalgamation proposal
Companies Act 1993
Official documents given when companies join together
224: Certificate of amalgamation
Companies Act 1993
What happens when companies officially join together
225: Effect of certificate of amalgamation
Companies Act 1993
Requirements and restrictions for becoming a company administrator
239F: Who may be appointed as administrator
Companies Act 1993
Administrator's required written agreements and declarations before appointment
239G: What administrator must do before appointment
Companies Act 1993
When an administrator's job becomes vacant
239P: When office of administrator is vacant
Companies Act 1993
Requirements for becoming a deed administrator for a company
239ACD: Who may be appointed as deed administrator
Companies Act 1993
Definitions for managing groups of related companies together
239AEQ: Interpretation of terms for purposes of this subpart
Companies Act 1993
Keeping and sharing company records when closing down a business
256: Duties in relation to records
Companies Act 1993
Liquidator's final duties before removing a company from the register
257: Duties in relation to final report and accounts
Companies Act 1993
Confirm eligibility and agree to be a company liquidator
282: What liquidator must do before appointment
Companies Act 1993
Reasons why a company can be removed from the New Zealand register
318: Grounds for removal from register
Companies Act 1993
Registrar must notify and allow objections before removing a company from the register
319: Notice of intention to remove company under paragraph (aaa), (b), (ba), (bb), (bc), (bd), or (f) of section 318(1)
Companies Act 1993
Notifying the public and relevant parties about plans to remove a company from the register
320: Notice of intention to remove company under paragraph (c), (d), or (e) of section 318(1)
Companies Act 1993
How to object if someone wants to remove a company from the register
321: Objection to removal from register
Companies Act 1993
What the Registrar must do when someone objects to removing a company from the register
322: Duties of Registrar if objection received
Companies Act 1993
Registrar can put removed companies back on the register in certain situations
328: Registrar may restore company to New Zealand register
Companies Act 1993
How companies can be put back on the register after being removed
330: Restoration to register
Companies Act 1993
Reserve your company name before doing business in New Zealand
333: Name to be reserved before carrying on business
Companies Act 1993
Overseas companies must register to do business in New Zealand
334: Overseas companies to register under this Act
Companies Act 1993
How to apply to register an overseas company in New Zealand
336: Application for registration
Companies Act 1993
How an overseas company gets registered in New Zealand
337: Registration of overseas company
Companies Act 1993
How to notify the Registrar about changes to your overseas company
339: Alteration of constitution
Companies Act 1993
Yearly update required for overseas companies operating in New Zealand
340: Annual return of overseas company
Companies Act 1993
How an overseas company stops doing business in New Zealand
341: Overseas company ceasing to carry on business in New Zealand
Companies Act 1993
Foreign companies can register in New Zealand
344: Overseas companies may be registered as companies under this Act
Companies Act 1993
How to apply to register an overseas company in New Zealand
345: Application for registration
Companies Act 1993
Overseas companies need permission and approval to register in New Zealand
346: Overseas companies must be authorised to register
Companies Act 1993
How to register an overseas company in New Zealand and get a certificate
348: Registration
Companies Act 1993
How to apply to move your company to another country
351: Application to transfer incorporation
Companies Act 1993
How the Registrar removes a company from the New Zealand register
355: Removal from register
Companies Act 1993
The government appoints officials to oversee company-related matters
357: Registrar and Deputy Registrars of Companies
Companies Act 1993
Appointment and duties of local and assistant company registrars
358: District and Assistant Registrars of Companies
Companies Act 1993
Where to go for official company matters
359: Responsible District Registrar
Companies Act 1993
Explains the types of company registers kept by the Registrar and how they are maintained
360: Registers
Building Societies Act 1965
How to start a building society in New Zealand
13: Mode of establishing society
Building Societies Act 1965
Rules for starting a building society must be checked and approved
14: Registration of rules of society
Building Societies Act 1965
A building society becomes a separate legal entity when it's officially registered
15: Incorporation of society
Building Societies Act 1965
Building societies must have unique names to avoid confusion
21: Restriction on registration of names
Building Societies Act 1965
Founding members must buy shares before the society can start
29: Minimum subscription by founding members
Building Societies Act 1965
Where the society keeps its main address
72: Registered office of society
Building Societies Act 1965
Company officer records when a building society becomes a company
113D: Registrar of Companies to register society as company on receipt of certain documents
Building Societies Act 1965
Making sure fees for government services were okay to use for other things
137A: Validation of fees used to recover costs of other Companies Office registers, etc
Public Works Act 1981
Money for business owners when their land is needed for public projects
68: Compensation for business loss
Contract and Commercial Law Act 2017
This law explains different types of agreements and business matters in simple terms
5: Overview of this Act
Accident Compensation Act 2001
Self-employed workers must pay special fees to ACC
168B: Self-employed persons to pay levies
Accident Compensation Act 2001
Only ACC can use its name or names that look like it
268: Protection of names Accident Compensation Corporation and Accident Rehabilitation and Compensation Insurance Corporation
Partnership Law Act 2019
This law makes the old rules about partnerships easier to read and understand
3: Purpose of this Act
Partnership Law Act 2019
A simple guide to what's in the Partnership Law Act 2019
5: Overview
Partnership Law Act 2019
Rules for changes and special cases in the Partnership Law Act
6: Transitional, savings, and related provisions
Partnership Law Act 2019
Explaining special words used in the partnership law
7: Interpretation
Partnership Law Act 2019
Some groups are not partnerships, like companies or clubs
9: Relationships that are not partnerships
Partnership Law Act 2019
Partners share responsibility for business debts and obligations
22: Liability of partners for firm’s debts and obligations
Partnership Law Act 2019
New partners don't have to pay for old problems
31: Liability of incoming partner
Partnership Law Act 2019
Partners can make most everyday choices together, but everyone must agree to change the business type
51: Most decisions may be made by majority
Partnership Law Act 2019
Partners must share money from similar businesses they start without permission
56: Duty to account for profits of competing business
Fast-track Approvals Act 2024
Sharing costs when more than one person applies together
112: Liability for costs if application lodged, or to be lodged, by more than 1 person
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