Our German Desk
Last week, the Companies (Address Information) Amendment Act 2025 (the Act) was enacted. The Act permits directors who have serious concerns about the disclosure of their residential address to elect (in certain circumstances where there is cause for concern over personal safety) to substitute their residential address with an alternative address.
How the Act works
Previously, directors could legally withhold their residential address on the Companies Register, only where a protection order had been issued by the New Zealand Family Court.
Under the Act, a director, including a prospective director, may apply to the Registrar to substitute their residential address with an alternative address. The application must be made in the prescribed form, which includes a statutory declaration confirming that the public disclosure of the director’s residential address is likely to lead to physical or mental harm to themselves or someone they live with. It must specify an alternative address that meets the statutory criteria and include any prescribed fee.
The alternative address must not be the company’s registered office or address for service, and it must not be a postal centre or document exchange. It must include sufficient detail to identify the location if it is within a multi-tenanted building. If the alternative address is provided in the care of a professional firm, this must be specified. Only one alternative address can be held at any time.
Does the Act extend to shareholders?
The Act does not create a general exemption for shareholder address information. The Act has been enacted as an interim measure while the Companies Act 1993 undergoes significant reform. However, certain limited scenarios will allow the use of an alternative address in the context of shareholders. This includes when the director (having the requisite cause for concern) is also a shareholder of the company and to shareholders who reside with a director and consent to the use of the alternative address.
Will a residential address be viewable after the application has been made?
Where an application for an alternative address has been successful, the Registrar must take reasonable steps to prevent public access to a director’s residential address. This includes redacting any publicly available document that contains residential address information. As a result, a director’s residential address may be removed not only from the main company record but also from historic filings, director consent forms and other documents that previously displayed it. Once the application is approved, the alternative address becomes the only publicly accessible address for the directorship.
When does the Act come into force?
The Act will come into force on a date that is set by Order in Council. If the Act has not come into force by 18 November 2026, it will come into force on that date. Directors who wish to rely on the new regime will not be able to submit applications until the Act comes into force. Our team will be closely monitoring developments in this regard.
If you have any questions about the proposed changes or other corporate governance matters, please get in touch with our Corporate and Commercial Team or your usual contact at Hesketh Henry.
Disclaimer: The information contained in this article is current at the date of publishing and is of a general nature. It should be used as a guide only and not as a substitute for obtaining legal advice. Specific legal advice should be sought where required.
