New Zealand resident director requirements

Our New Zealand expert John Thorman gives an update on the Companies and Limited Partnerships Amendment Bill and what will soon be required by companies operating in the country.

Last month, New Zealand's Companies and Limited Partnerships Amendment Bill had its third reading. As a result, this Bill now creates the Companies Amendment Act (No 4) 2014 and the Limited Partnerships Amendment Act (No 2) 2014 which will come into force around June 2015.  


Existing companies (and LPs) have a further six months to comply with the requirement to have at least one director (or partner in the case of an LP) who is resident in New Zealand or is resident in an “enforcement country”. Enforcement countries will be named in regulations but are likely to include Australia, the United Kingdom and the United States.

Other main changes to the Acts include:

  • Directors’ personal information: directors and partners of limited partnerships will need to register the details of their date and place of birth with the Registrar
  • Ultimate holding company information: every company will need to disclose details of its ultimate holding company (if the company has one)
  • Criminal sanctions for breaches of directors’ duties: it will be an offence for a director to act in bad faith towards the company, or to dishonestly allow an insolvent company to incur debts. Both of these offences will be punishable by up to 5 years’ imprisonment or a fine of up to $200,000.
Find out how TMF Group can help you deal with the changes.
John Thorman
John  Thorman
Article

Keeping up to date

You can now receive our insights and regulatory updates direct to your inbox by choosing the topics and jurisdictions that most interest you. 

Subscribe to our e-Alerts.