Exemptions for companies and limited partnerships affected by COVID-19

Exemptions granted by the Registrar of Companies

Published 14 April 2022

The Registrar of Companies (the Registrar) has granted exemptions under section 26A of the COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020 that will ease compliance obligations for companies and limited partnerships affected by COVID-19.

Exemptions granted

The effect of the exemptions is to modify or relax the requirements to comply with the following procedural and administrative matters in the Companies Act 1993 and Limited Partnerships Act 2008:

  • time frame requirements in relation to holding annual meetings
    (section 120 of the Companies Act 1993)
  • time frame requirements for financial reporting duties
    (sections 201, 202, 204 and 207E of the Companies Act 1993 and sections 75 and 75C of the Limited Partnerships Act 2008), and
  • time frame requirements for annual reports
    (sections 208 and 209 of the Companies Act 1993).

Exemption period

The exemptions apply to acts and omissions that occur from 3 November 2021 and are in force until the end of 30 October 2022. However, the Registrar will keep this position under review, and is able to revoke the notice before this date if appropriate.

Notification requirements

If companies or limited partnerships decide to rely on an exemption, they must send a notice to the Registrar as soon as practicable, and not later than 30 October 2022.

If you are giving notice to the Registrar, this must:

  • identify each provision in respect of which the company or limited partnership is relying on for an exemption
  • state why the company or limited partnership qualifies for each exemption under clause 6, and
  • be signed by a majority of the company’s directors or be signed by a majority of the limited partnership’s general partners.

A notice meeting all of the above requirements should be emailed to the Registrar at: fra@companies.govt.nz

The exemption notice was published on 13 April 2022 and you can view it on the New Zealand Gazette website: