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Does a New Zealand company need a constitution?

You can incorporate a company in New Zealand with or without a constitution. A constitution sets out the rights, powers and duties of the company, the board, each director and each shareholder.

What is a director resolution?

Board resolutions, also sometimes called 'Directors' Resolutions' are records of the decisions the Board of Directors makes when they meet. The board resolution is a formal written motion used to track details of an organization's specific decision including who voted, their role.

What is a resolution ASIC?

A resolution is a formal way in which a company can note decisions that are made at a meeting of company members. There are two types of resolutions: ordinary and special. Under the Corporations Act 2001, most of the decisions that affect a company need to be made by a resolution.

How is a resolution passed?

Ordinary resolution is a resolution passed by simple majority of votes. As provided in sub-section (1) of section 114, a resolution shall be an ordinary resolution if notice of such resolution is duly given and the votes cast in favour of the resolution exceed the votes cast against the resolution, if any.

What does resolution mean on Companies House?

Company resolutions are legally binding decisions made by the members (shareholders or guarantors) or directors of a limited company.

205 form

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How much does it cost to change a company name with ASIC?

There's no fee to change your company details online. Once we've received your changes online, your details will be updated within one business day.

What is a notification of resolution?

Notification of resolution. Purpose. Used to notify ASIC that a resolution has been passed or agreed to. Commonly used to change a company name or company type (eg. from Pty Ltd to Limited), alter constitution or wind up company, voluntarily or involuntarily.

What is a resolution at an AGM?

General Meeting means a general meeting of members convened in accordance with rule 12. Ordinary Resolution means a resolution passed by a simple majority of the Members as, being entitled to do so, vote in person or, where proxies are allowed, by proxy at a general meeting, and includes a unanimous written resolution.

Do you need to lodge a constitution with ASIC?

It doesn't need to be lodged with us, but a copy must be kept with the company's records. A company must provide a current copy of the constitution to any member who requests it within seven days. If a fee is charged, the constitution must be provided within seven days of payment.

What constitutes a Special Resolution?

What is a special resolution? Special resolutions - also known as 'extraordinary resolutions' - are needed for more important decisions or those decisions affecting the constitution of a company. These require at least 75% of the shareholders or directors to agree - and in some situations as much as 95%.

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