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Company Formation , Registration and Operation

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This site is very long.  But It gives you everything you need to know about Company formation, registration and the operational legal requirements.

The Company Formation

Company formation and registration is now easy and can be done On-line.

Make your own decisions.  Save money.

We provide you with direct access to the very helpful information and advice in the relevant Companies Office.

 

.  .  .  Companies Office

 

Companies Office
Business and Registries Branch
April 2000

A standard Company Constitution can be purchased from Whitcoulls for $12.95.

The Constitution is a formal document, drawn up by those applying to register the Company,  that sets out the rules for running the company.

If a Constitution has been adopted, it must be filed with the Companies Office in order for the Company to be registered and incorporated with that Constitution.

Before the Companies Act 1993, the Constitution was known as the "Articles of Association".

There is no requirement for a Company to have a Constitution.   It is up to those forming the Company to decide whether or not they will draw up a Constitution for it.

If there is no Constitution then the Company is governed by the Companies Act 1993. This will determine the rights, powers, duties and obligations conferred on the company,  its Board of Directors and its shareholders.

If there is a Constitution the rules contained in the Act will still apply, except to the extent that they are negatived or modified by the Constitution where the Act permits this.

In general,  however,  the Constitution cannot contravene or be inconsistent with the Act.

A Company has a wide discretion as to what it may include in its Constitution.   The Companies Act 1993 says that a Constitution may contain matters contemplated by the Act for inclusion, or any other matters that the company wishes to include.

However,  in the interests of the Company and those involved we recommend that the Constitution deal with the rights, powers and obligations of all people involved in the Company, and that it set out clear guidelines as to what conduct and behaviour is acceptable and what is unacc

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"I found all this Company Law stuff really helpful. Not too academic but enough to get a really good grounding in some of the pitfalls. You need to read all the company topics to get a handle on this huge area. Anthony - Christchurch - April 2007"
Feedback/Blogs/Reviews from related topic: Commercial Leases
"I found all this Company Law stuff really helpful. Not too academic but enough to get a really good grounding in some of the pitfalls. You need to read all the company topics to get a handle on this huge area. Anthony - Christchurch - April 2007"
Feedback/Blogs/Reviews from related topic: Commercial Leases
"I found all this Company Law stuff really helpful. Not too academic but enough to get a really good grounding in some of the pitfalls. You need to read all the company topics to get a handle on this huge area. Anthony - Christchurch - April 2007"
"it is utterly unfair that a debtor can get away with not paying, and often does simply because the creditor doesn't have the money (because the debtor didn't pay!) to go through all of this process. I'm sickened by the proceess which has seen me now not only being ripped off by this debtor, but then(and still) by the debt collector I folishly decided to use because I couldn't afford the intial legal fees (due to not being paid by the debtor!). Court has finally decided in our favor, but debtor still hasn't paid and I have to find more yet money to apply to have him liquidated, without any promise of getting anything back."
Feedback/Blogs/Reviews from related topic: Commercial Leases
"I found all this Company Law stuff really helpful. Not too academic but enough to get a really good grounding in some of the pitfalls. You need to read all the company topics to get a handle on this huge area. Anthony - Christchurch - April 2007"
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