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Company Incorporation
Niue

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We are pleased to provide a summary of the salient features of companies incorporated in Niue.


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[ BACKGROUND ] [ COMPANY FORMATION ]
[ SHARE CAPITAL, TAXATION, LICENCE FEES & COMPLIANCE ]
[ STRUCTURE OF MANAGEMENT ]


 

CORPORATE FEATURES

GENERAL
Type of Company

IBC

Political Stability

Good

Common or Civil Law

Common

Disclosure of Beneficial Owner

No

Migration of Domicile Permitted

Yes

Tax on Offshore Profits

None

Language of Name

Latin Alphabet

CORPORATE REQUIREMENTS
Minimum Number of Shareholders

One

Minimum Number of Directors

One

Bearer Shares Allowed

Yes

Corporate Directors Permitted

Yes

Company Secretary Required

No

Standard Authorised Share Capital

US$ 50,000

LOCAL REQUIREMENTS
Registered Office/Agent

Yes

Company Secretary

No

Local Directors

No

Local Meetings

No

Government Register of Directors

Optional

Government Register of Shareholders

Optional

ANNUAL REQUIREMENTS
Annual Return

No

Submit Accounts

No

RECURRING GOVERNMENT COSTS
Minimum Annual Tax/Licence Fee

US$ 150

Annual Return Filing Fee

N/A


GENERAL INFORMATION

 

Niue, which is one of the world’s largest coral islands, is located in the South Pacific Ocean, east of Tonga. The Capital, Alofi, is the administrative and commercial centre of Niue. The island has a total area of approximately 260 sq km

POPULATION

Under 2,300 people, 90% of which are of Polynesian descent. The other 10% of the population are made up of peoples of European and Tongan descent.

POLITICAL STRUCTURE

Niue is a self-governing territory in free association with New Zealand. It is fully responsible for its own internal affairs, with New Zealand retaining responsibility for external affairs. Niue is a British Commonwealth Associate Member, and enjoys the protection of the British Crown.

The Niue Assembly comprised 20 members, 14 of which are elected by local constituencies and six by common roll. The Head of Government is the Premier

who is elected by the Assembly. The Premier chooses the Cabinet, which consists of the Premier and three other ministers.

INFRASTRUCTURE AND ECONOMY

Most Niueans work on family plantations. Other sources of employment include the Government, the financial sector, tourism and small industry.

The economy of Niue is heavily dependent on aid from New Zealand. Government expenditure regularly exceeds revenue, with the shortfall made up by grants from New Zealand. The grants are used to pay wages to public employees.

The Agricultural sector consists mainly of subsistence gardening, although some cash crops are grown for export. Industry consists primarily of small factories to process passion fruit, lime oil, honey and coconut cream. The sale of postage stamps to foreign collectors is an important source of revenue.

In recent years, the Island has suffered a serious loss of population caused by the migration of Niueans to New Zealand.

LANGUAGE

Polynesian, but the official commercial language is English.

CURRENCY

The currency of the financial centre is the US$.

EXCHANGE CONTROL

None.

TYPE OF LAW

Common Law based on the English system.

PRINCIPAL CORPORATE LEGISLATION

International Business Companies Act, 1994.


COMPANY FORMATION

Type of Company for International Trade and Investment

International Business Company.

Procedure to Incorporate

Submission by the Registered Agent of Memorandum and Articles of Association to the Registry.

Restrictions on Trading

IBCs cannot trade within Niue or own real estate there. They cannot undertake Banking, Insurance, Assurance, Re-Insurance, Fund Management, Asset Management (other than the management of their own assets). They cannot solicit funds from the public or offer their shares to the public.

Powers of Company

An International Business Company has all the powers of a natural person.

Language of Legislation and Corporate Documents

The legislation is in English. The corporate documents can be in any language, provided they are accompanied by a Certified Translation in English.

Registered Office Required

Yes, must be maintained in Niue at the address of a licensed management company.

Name Approval Required

On payment of a small fee names can be reserved for thirty days. Names can also be reserved for 72 hours free of charge.

shelf Companies Available

Yes.

Time Scale to Incorporate

Two days, but allow a further five working days for delivery of the documentation from the Registry.

Name Restrictions

A name that is identical to an existing company, a name that contains the words "Assurance", "Bank", "Building Society", "Chamber of Commerce", "Chartered", "Co-operative", "Imperial", "Insurance", "Municipal", "Royal", "Trust Company" or "Trustee Company". A name that is, in the opinion of the Registrar undesirable, or a name that implies patronage of the Royal Family or the Government.

Language of Name

The Name can be in any language, but must be accompanied by a Certified Translation into English to ensure that the name is not restricted.

Suffixes to Denote Limited Liability

"Limited", "Corporation", "Incorporated", "Société Anonyme", "Sociedad Anonima", "Company", "Limitada", "Société par actions" or "Aktiengesellschaft" or the relevant abbreviations.

Disclosure of Beneficial Ownership to Authorities

No.


SHARE CAPITAL, TAXATION, LICENCE FEES AND COMPLIANCE MATTERS

Authorised and Issued Share Capital

The Standard Authorised Share Capital is US$50,000 divided into 50,000 shares of US$1.00 each. The Authorised Share Capital can be expressed in any Currency, or in a mixture of Currencies. The minimum issued capital is one share of no par value or one share of par value.

Classes of Shares Permitted

  • Registered shares

  • Bearer shares

  • Shares of no par value

  • Preference shares

  • Redeemable shares

  • Shares with or without voting rights.

Bearer Shares Permitted

Yes.

Taxation

An IBC is exempted from Local Taxation.

Double Taxation Agreements

International Business Companies do not qualify for any double taxation agreements Niue may have.

Licence Fees

The annual licence fee is US$ 150.

Financial Statement Requirements

There is no requirement to file financial statements. The company is required however, under the legislation, to keep financial records for the benefit of members.


STRUCTURE OF MANAGEMENT

Directors

The minimum number of directors is one, who may be natural persons or bodies corporate be of any nationality and need not be residents of Niue.

Company Secretary

The legislation makes no reference to the office of company secretary although it is customary to appoint one to facilitate signing obligations.

Shareholders

The minimum number of shareholders is one.


ORDER


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Whilst every effort has been made to ensure that the details contained herein are correct and up-to-date, it does not constitute legal or other professional advice. We do not accept any responsibility, legal or otherwise, for any errors or omissions.


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