Frequently asked questions for Australian issuers

1. What MRS documents need to be filed with the Registrar of Companies?

An Australian issuer must lodge all documents required by the MRS regulations (which can be found at www.legislation.govt.nz) along with the Registrar’s opt-in form.

Please ensure you have read the guide before proceeding with an offer under MRS.

 Download Form MRSO1 - Opt-in notice

We recommend that you seek independent legal advice before proceeding with an offer.

2. What fees are involved?

There are no fees for documents lodged with the NZ Companies Office under the MRS regime.

3. Will an Australian issuer be searchable on the New Zealand Companies Register?

If an Australian issuer opts in to the MRS regime their details will be entered in the overseas issuers section of the New Zealand Companies Register and a Registrar’s reference number (or file number) will be issued when the Opt in Notice is filed. 

The Australian issuer will be searchable and documents lodged in relation to the offer will be publicly viewable against the issuer’s document history.

4. Does an Australian issuer opting into the MRS regime have to file financial statements under the Financial Reporting Act 1993?

No, an Australian issuer operating under the MRS regime is not required to file financial statements under the FRA, nor is it required to file financial statements in New Zealand under the MRS regulations. 

Most Australian issuers are required to file their financial statements with ASIC.  A list of documents lodged by each issuer (including any financial statements) can be found by searching for the entity on ASIC’s website.  Copies of the full text of the documents are only available from an ASIC Service Centre (in person) or via an ASIC information broker.  See www.asic.gov.au for more information on how to obtain full financial statements of Australian issuers.

What are the ongoing filing obligations for an Australian issuer under this regime?

As explained in the guide, there are ongoing filing obligations for Australian issuers under the MRS regime. Please refer to the guide  for more information on this, or view the MRS regulations at www.legislation.govt.nz.