Incorporating with a company constitution
Choosing whether or not to have 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.
Deciding to incorporate with a company constitution
When you incorporate a company you can:
- incorporate your company without a constitution — your company is automatically governed by the Companies Act 1993
- buy a constitution from a third party and upload one as part of your application
- prepare and supply your own constitution — most people seek legal advice before preparing a constitution.
Buy a constitution
You can order and purchase an electronic copy of a constitution directly from a third-party providers, which you can find by searching the internet.
Write your own constitution
You can write and upload your own constitution. Seek legal or other professional advice before writing your own constitution.
Other guides in
Starting a company
- Incorporating a company
- Reserving a name for a new company
- Company addresses
- Tax registration
- Registering the appointment of a director
- Registering a shareholder
- Filing director and shareholder consent forms
- Ultimate holding companies
- Issuing shares in a company
- How overseas companies set up as a NZ business