Terms of Use

These Terms of Use (“Terms”), including our Privacy Policy (together called the Terms), apply whenever you access this website. By using our website, you acknowledge that you have read, understood, and agreed to these Terms. Please read them carefully before using our services.

These Terms set out the conditions under which Open The Company (“we”, “us”, or “our”) provides you with services, including information on the data we collect, the services we supply, your obligations, and our fees.

Services

Open The Company provides company formation and corporate management services in New Zealand, including:

• Company registration and incorporation
• Companies Office filings and compliance
• Constitution drafting
• Share sale and purchase facilitation

We provide general information and guidance on corporate structures and compliance. We do not provide legal, financial, or tax advice, nor make recommendations regarding the type of company structure that you should choose.

What You Need to Know Before You Start

Our website collects personal information about you and, where relevant, other parties connected to your company. This may include names, contact details, and director/shareholder information. We also collect IP addresses and general business information.

We use encryption to protect all confidential information submitted via the website. You must ensure your browser supports our encryption requirements; otherwise, data sent may not be secure. For security queries, please contact us.

Scope of Services

Depending on the application you submit, we will:

• Incorporate your company and register it on the New Zealand Companies Register, using the information you provide.
• Facilitate IRD and GST registration, if required.
• Provide non-legal guidance on commonly used company structures and ways to protect your business name and brand.
• Upon completion, provide:
  • Certificate of Incorporation
  • Company Constitution (if selected)
  • Registers maintained at the registered office (e.g., share register, director register, address register)
  • Access to an online dashboard for company management

Additional copies of documents can be requested after registration.

Fees and Refunds

• Fees are payable upon submission and are set out on our pricing page.
• Fees are non-refundable, except where registration fails due to factors outside your control or ours.
• Changes of mind or lapses in providing required documents do not entitle you to a refund.
• Refund requests must be made in writing. Refunds, if approved, will be made to the original payment method.

Our Obligations

We strive to:

• Ensure all documentation is accurate and compliant with New Zealand law.
• Respond to applications within 1 business day and email enquiries within 2 business days.
• Provide comprehensive guidance for successful registration.

We cannot guarantee the exact timeframe for registration, as this depends on Companies Office processing times. If errors occur due to our actions and are reported within four weeks, we will take reasonable steps to correct them.

Our advice on structures or brand protection is general in nature and not legal or financial advice.

Legal Disclaimer

• We do not provide legal or tax advice.
• Information provided on corporate structures is general and should not be relied upon as a recommendation.
• We are not liable for delays caused by the Companies Office or for any errors or omissions in third-party systems.
• Use of the website and our services is at your own risk.
• We are not liable for loss or damage due to events beyond our control, including force majeure.

Your Acknowledgements and Warranties

By using our services, you confirm that:

• You have not received legal or tax advice from us.
• You provide accurate and complete information.
• You are the ultimate beneficial owner or are authorised to act on behalf of the beneficial owner(s).
• You will comply with the Companies Act 1993 and all legal obligations for your company.
• You indemnify us from any claims, losses, or damages arising from your breach of these Terms or non-compliance by your company.
• You understand that, after incorporation, directors assume full responsibility for management and compliance of the company.

Intellectual Property

All content, software, and materials on the website are owned by Open The Company. You may not copy, distribute, modify, or create derivative works without prior written consent.

Force Majeure

We are not liable for any lack of performance, website unavailability, or service failure due to circumstances beyond our reasonable control.

Changes to Terms

These Terms may be updated from time to time. The most recent update is December 2025.