Ongoing requirements for NZ companies registered in Australia

Australia is recognised for its reputation as an open, stable, globally connected economy. With its close connections across the Tasman, it’s no surprise that New Zealand businesses often making the move to expand their operations within Australia.

For New Zealand Companies registered as a foreign company and with a once registered, have ongoing reporting and compliance obligations within Australia.  For information about registering a foreign company, see our article Registering a Foreign Company in Australia.

As part of a trans-Tasman Memorandum of Understanding between New Zealand and Australia, New Zealand companies that are registered as foreign companies in Australia and with an Australian Registered Body Number (ARBN) are exempt from lodging certain documents with ASIC.  

The New Zealand Companies Office (NZCO) and ASIC have an information sharing agreement, in which ASIC records lodgement of documents with NZCO against the New Zealand company’s ARBN in Australia, and will update its register accordingly.

The documents that are shared between ASIC and NZCO, and which are therefore not required to be lodged by the foreign company with ASIC, include financial statements such as profit and loss, balance sheets, cash flow statements and any other documents as required by NZCO. As such, these documents must only be provided to ASIC if they have not been provided to NZCO.

Other shared information includes a change of address of the registered office of the foreign company in the place of incorporation, the cessation, change of name or change of address of a director, any change to the foreign company’s constitution or any notice of winding up, dissolution or deregistration of the foreign company in its place of origin.

Paul Gray
Principal
T 03 5225 5231 | M 0414 195 886
E pgray@ha.legal

Hugo Le Clerc
Associate
T  03 5225 5213
E  hleclerc@ha.legal

Maddi Batchelor
Graduate Lawyer
T: 03 5225 5214
E: mbatchelor@ha.legal