Terms of Use

These Terms of Use ("terms" or "terms and conditions"), including our privacy policy (together called the terms) apply whenever you access this website (www.companyhub.nz). If you use our website, we will assume that you have understood and agreed to them so please read them carefully before confirming your consent. The terms set out the terms and conditions that apply when CompanyHub.NZ Limited (also referred to as "us", and "we" and "Company Hub") provides you with services and include information about the data we collect, the services we supply and how we supply them, your obligations and how we charge.

Services

Company Hub provides an online platform to enable the registration of New Zealand companies. The business also provides general advice about different corporate structures. It does not provide legal advice or make recommendations as to the type of structuring a business should set up.

What you need to know before you start

This website contains applications that collect personal information about you and potentially about other parties closely connected to the business entity you wish to establish. We collect a variety of information (refer to our privacy policy) as well as you IP address and general information on the business you are setting up. We use encryption to ensure any confidential information set over the internet is as secure as possible. If you would like additional information on our security processes please email us with your query. You will need to ensure that your internet browser is set up to support our encryption requirements or the information you send will not be secure.

Services

Company Hub provides a limited range of company formation services. According to the application form you complete and request you make, we will:

  • Arrange to incorporate a company and register it on the NZ Companies register, including facilitating the completion of the appropriate forms using the information you provide,
  • Arrange for your new company to be registered for an IRD number and, if required, GST.
  • Provide generalised, non-legal advice on the different corporate and non-corporate structures commonly used in NZ, as well as generic advice on methods that can be employed to protect brand and trading names.

Where we have incorporated an entity on your behalf, we will at the conclusion of the service provide you with the following:

  • Certificate of Incorporation
  • Company Constitution (if selected)
  • Facilitation of IRD & GST (if required) registration with Inland Revenue
  • Set of registers to be kept at registered office address of new company (including, but not limited to, share register, address register, directors' register).

You may at any time following registration of your company request additional copies.

Fee and Refunds

Fees are payable upon submission of your application. Our fees are set out on our pricing page. They are subject to change from time to time as we determine appropriate.

Fees are non-refundable except in circumstances where you can demonstrate that the company cannot be registered due to factors outside your control or due to factors outside our control. For clarity, a change of mind does not entitle you to a refund and nor does the failure to register due to your application lapsing at the Companies Office, which can happen if you do not return the signed consent forms before the due date (a date by the Companies Office). We will communicate to you when your consent forms must be returned by and will send you reminders by email, but ultimately it is your responsibility to return the consent forms before the due date.

When applying for a refund, you must apply in writing setting out the details and reasons for the refund. Refunds are made at the sole discretion of management, reasonably exercised.

All refunds must be paid to the same account from which they were made.

Our Obligations

We take due care to ensure the documentation we produce on the completion of registration are legally correct and that the information and advice we provide on the formation of structures in New Zealand is correct.

We undertake to respond to applications within 1 business day and to email enquiries within 2 business days unless our website advises otherwise. While we will undertake all actions within reasonable timeframes, we cannot guarantee timeframes for the incorporation of an entity as this is outside our control, as it is subject to both the availability of online Companies Office services, and their processing times.

We will provide comprehensive forms to ensure all necessary information for successful completion of registration will be completed and in the event that registration is not completed due to an error on our account, we will refund the fee accordingly. It is your responsibility to ensure the details of your new company, once incorporated, are true and correct, and that they match the details you have provided to us. If an error is made during the filing of your new company for which we are responsible, we will make our best efforts to rectify it, providing the error is brought to our attention within four weeks of the date of incorporation.

Where Company Hub provides advice on entity structures or means of protecting entity names and brands, such advice is generic in nature and does not constitute legal or financial advice and is not to be considered a recommendation as to the best structure for your intended purposes.

We undertake to protect personal information in accordance with our privacy policy and the Privacy Act 2020.

Legal Disclaimer

We do not provide legal or tax advice. The information provided on entity structures is to the best of our knowledge up to date and accurate but we are not liable for any loss or damage, arising directly or indirectly, for any action taken or not taken in reliance on information we have provided.

We are not liable for the accuracy or otherwise of information provided for use in the provision of services to you.

We cannot guarantee timeframes as we are dependent on the Companies Office processing applications.

We do not guarantee that the continuous or uninterrupted use of this website or that the website is error free and we are not liable for any damage, direct or indirect that may arise as a consequence of these events.

We are not liable for loss or damage that occur as a result of any force majeure (see below).

Your Acknowledgements and Warranties

You confirm, warrant and agree that:

  • Company Hub does not provide legal or tax advice
    • Company Hub has not advised on the structuring of your business and has not considered in any respect your personal circumstance; all decisions as to the appropriate, most suitable and desirable structure is yours and you have sought independent advice as considered necessary.
  • You will provide correct, up to date and complete information to Company Hub and we are entitled to rely on this information.
  • You are the ultimate beneficial owner of the company to be incorporated or you are duly authorised to act on behalf of the ultimate beneficial owner/s of the company and you have disclosed in full the beneficial owners, your relationship to them and your authority to act.
  • You will provide all information requested by us promptly and in full.
  • You will comply in full with these terms.
  • We will collect personal information and use and store that information as set out in our privacy policy. You expressly consent to the collection, use and storage of this information as set out in out policy, and you also warrant that where information has been provided about beneficial owners or other parties (e.g. persons who will be registered as directors or shareholders) that these persons have consented to your providing their information and understand how it will be used.
  • As set out in our privacy policy, you give your express consent that personal information provided about yourself and any parties involved in your new company may be checked agaisnt one or more electronic databases. These may include, but are not limited to:
    • New Zealand agencies and authorities for the purposes of verifying information you have provided, including the Department of Internal Affairs and the New Zealand Transport Agency, and any credit reporting bureau (this is not a credit check but a validation of your details by reference to your credit file)
    • Australian or other international agencies (such as the Australian Department of Home Affairs) for the purpose of identity verification
  • You will comply in full with your legal obligations in New Zealand, including all laws as they apply to the new company. You are required to comply with the Companies Act 1993 ("Act") including any director duties and reporting or compliance obligations, and any requirements as directed by the Companies Office from time to time.
  • Company Hub is not responsible in any way for any duties, obligations or reporting requirements required by the Act with respect to the new company.
  • Any action taken by the new company or any director(s) of the new company is at their sole and absolute discretion and Company Hub will not be liable for any breach or non-compliance with the Act whatsoever by the new company or any director(s) of the new company, including, without limitation, any failure to provide full and correct information or documentation as may be required by the Companies Office or pursuant to the Act; and
  • You will indemnify, and keep indemnified, Company Hub from and against any and all damages, claims, losses, demands, liabilities (including vicarious liability), injuries, suits, actions, judgments, costs and expenses of any kind whatsoever (including, without limitation, legal fees, service costs and costs of recovering unpaid amounts) arising out of or in any way connected with your breach of this clause.
  • You acknowledge that you are subject to the terms of Company Hub's disclaimer. The terms of this disclaimer can be accessed by clicking here.
  • You understand that Company Hub will be added to the new company as an authorised party on the Companies Office after the company has been incorporated and that it will remain as an authorised party for the purpose of either rectifying any errors made on the application that would affect the ability of a director or other authorised person being able to register for the Companies Office, or to perform any requested change requests or updates requested by a director or other suitably authorised user.
  • You accept that if errors are identified after Company Hub has been removed as an authorised party, we are not responsible for making, or liable to make, any changes.
  • You acknowledge and confirm that upon incorporation, the director/s assume full responsibility and liability for management of the newly registered entity and all associated responsibilities, including maintaining accurate and up to date records.

Intellectual Property

Company Hub owns all proprietary and intellectual property rights in the web site and the software and other material underlying and forming part of the services and the web site. You agree not to adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site.

Force Majeure

Company Hub has no liability for any lack of performance, unavailability or failure of the services or the web site.

These terms are subject to change from time to time. They were most recently updated in June 2022.