Auckland District Law Society Incorporated (ADLS Inc)’s Company Constitution (first released in the mid-1990s) has been thoroughly revised to take into account legislative change and current commercial practice.

A substantial part of the form comprises restatements or paraphrasing of mandatory provisions of the Companies Act 1993 to assist directors and shareholders to understand the legal requirements of operating a corporate entity.  The restatement and paraphrasing have been selective and therefore the constitution must always be read in conjunction with the Act.

ADLS Inc. does not provide instructions or assistance on the proper completion of the form, nor advice on the content and effect of the constitution. Should you require assistance on these aspects or the drafting of further clauses, you are recommended to seek legal advice.

Specialist legal advice should be sought in connection with the interpretation and/or the use of this company constitution.

A full review of the standard form completed by the Documents and Precedents Committee of ADLS Inc. has noted the following legislative amendments:

• Companies Act 1993 Amendment Act 1997
• Companies Amendment Act 1998
• Companies Act 1993 Amendment Act 2001
• Companies Amendment Act (No. 2) 2004
• Companies Amendment Act (No.2) 2006
• Taxation (Savings Investment and Miscellaneous Provisions) Act 2006
• Taxation (KiwiSaver and Company Tax Rate Amendments) Act 2007