International Trade

Dual Incorporation for Australia & New Zealand

The New Zealand Companies Office and the Australian Securities & Investments Commission (ASIC) have amended their legislation to allow for each jurisdiction to source documents from the other. This removes the need for companies to file the same information in both Australia and New Zealand.

What does this mean in practice?

Registering an Australian overseas company

  1. When you apply to reserve the company name in New Zealand you will be prompted to provide the Australian company’s ACN (Australian Company Number) and the system will retrieve the name from ASIC.  This ensures that the name you reserve for the company on the overseas register is identical to the company name registered with the Australian Securities & Investments Commission (ASIC).
  2. There is no need for the company to provide the director’s details when applying to register an Australian overseas company.  These details will be supplied by ASIC as part of the online registration process.
  3. There is also no need for the company to provide a copy of its constitution when applying to register as an Australian overseas company.   If there is a constitution, this document will be supplied by ASIC as part of the online registration process.

Constitution changes

As part of this arrangement, ASIC will send a copy of any constitution change (that is – adoption, amendment, or revocation) to the New Zealand Companies Office which will be entered on the overseas register free of charge.

There is no need for the company to directly update the Companies Office in New Zealand with constitution changes as these will be supplied by ASIC.

Changes in director details

As part of this arrangement, ASIC will send a copy of any director change (that is – appointment, resignation or address change) to the New Zealand Companies Office which will be entered on the overseas register free of charge.

There is no need for the company to update the Companies Office in New Zealand with director changes as these updates will be supplied by ASIC.

Change of company name

When a name change is registered with ASIC, they notify the New Zealand Companies Office who in turn send a notice to the address for communication recorded on our register.  That notice advises the company that the name change also needs to be updated on the New Zealand register.

When you apply to change the company name in New Zealand you will be prompted to provide the Australian company’s ACN (Australian Company Number) and the system will retrieve the new name from ASIC.

Source: New Zealand Companies Office

https://www.business.govt.nz/companies/learn-about/overseas-companies/australian-overseas-companies