Holding Company Operating Agreement Template for New Zealand

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Holding Company Operating Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Holding Company Operating Agreement

"I need a Holding Company Operating Agreement for a New Zealand technology group with five subsidiary companies, incorporating specific provisions for intellectual property sharing between entities and employee share schemes to be implemented by March 2025."

Document background
The Holding Company Operating Agreement is a crucial document for businesses operating under a holding company structure in New Zealand. It is typically implemented when establishing a new holding company or restructuring existing business operations to create a parent-subsidiary relationship. The agreement ensures compliance with New Zealand corporate law, particularly the Companies Act 1993, while providing a comprehensive framework for corporate governance, shareholder relations, and operational management. This document is essential for businesses seeking to establish clear lines of authority, protect shareholder interests, and maintain efficient group operations across multiple entities. It includes detailed provisions for financial management, risk allocation, decision-making processes, and the relationship between the holding company and its subsidiaries.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including shareholders and the holding company itself

2. Background: Sets out the context and purpose of the agreement, including the company's establishment and objectives

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Company Structure: Details the company's share capital, shareholding structure, and relationship with subsidiaries

5. Management and Governance: Outlines the board structure, appointment of directors, and decision-making processes

6. Shareholders' Rights and Obligations: Details voting rights, dividend policies, and shareholders' responsibilities

7. Financial Matters: Covers capital contributions, funding requirements, and financial management policies

8. Business Operations: Sets out operational guidelines, business scope, and management of subsidiaries

9. Transfer of Shares: Procedures and restrictions for transferring shares, including pre-emptive rights

10. Dispute Resolution: Mechanisms for resolving disputes between shareholders or with the company

11. Confidentiality: Provisions protecting company and shareholder confidential information

12. Term and Termination: Duration of the agreement and circumstances for termination

13. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Tag-Along and Drag-Along Rights: Optional provisions for share sale scenarios, particularly useful in companies with multiple shareholders

2. Intellectual Property: Required when the holding company owns or manages significant IP assets

3. Employee Share Schemes: Included when the company operates or plans to implement employee share ownership programs

4. International Operations: Required for holding companies with international subsidiaries or operations

5. Environmental and Social Responsibility: Important for companies with specific ESG commitments or requirements

6. Related Party Transactions: Detailed procedures for handling transactions between related entities, important for larger corporate groups

7. Technology and Data Protection: Required when the company handles significant data or technology assets

8. Subsidiary Management Protocols: Detailed procedures for managing subsidiaries, necessary for more complex corporate structures

Suggested Schedules

1. Schedule 1: Company Details: Details of the holding company, including registration number, registered office, and current directors

2. Schedule 2: Shareholding Structure: Complete breakdown of share classes, shareholders, and their respective holdings

3. Schedule 3: Subsidiary Companies: List of all subsidiary companies and their key details

4. Schedule 4: Reserved Matters: List of decisions requiring special approval processes or shareholder consent

5. Schedule 5: Management Structure: Detailed organizational structure and management roles

6. Schedule 6: Financial Protocols: Detailed financial management procedures and reporting requirements

7. Appendix A: Share Transfer Forms: Standard forms for share transfers and related documentation

8. Appendix B: Board Meeting Procedures: Detailed procedures for conducting board meetings and maintaining records

9. Appendix C: Shareholder Meeting Procedures: Procedures for calling and conducting shareholder meetings

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Real Estate

Manufacturing

Technology

Retail

Mining and Resources

Agriculture

Healthcare

Professional Services

Infrastructure

Telecommunications

Energy

Transport and Logistics

Relevant Teams

Legal

Finance

Corporate Governance

Board of Directors

Executive Management

Corporate Affairs

Compliance

Risk Management

Strategy

Investment

Operations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Corporate Lawyer

Company Secretary

Board Director

Managing Director

Group Financial Controller

Head of Corporate Development

Chief Legal Officer

Investment Manager

Corporate Governance Manager

Compliance Officer

Risk Manager

Strategy Director

Operations Director

Industries
Companies Act 1993: Primary legislation governing company formation, operation, and management in New Zealand. Covers corporate structure, directors' duties, shareholder rights, and company administration.
Financial Reporting Act 2013: Establishes financial reporting requirements for companies, including holding companies and their subsidiaries. Sets standards for financial statements and reporting obligations.
Financial Markets Conduct Act 2013: Regulates financial markets and financial products, relevant if the holding company deals with investments or financial products.
Income Tax Act 2007: Governs taxation of companies, including specific provisions for holding companies and group companies. Important for tax planning and compliance.
Commerce Act 1986: Promotes competition in markets, relevant for holding companies controlling multiple businesses to ensure compliance with competition laws.
Employment Relations Act 2000: Governs employment relationships if the holding company has employees, including employment agreements and workplace practices.
Health and Safety at Work Act 2015: Sets requirements for workplace safety and health, applicable if the holding company has employees or operational premises.
Anti-Money Laundering and Countering Financing of Terrorism Act 2009: Establishes requirements for preventing money laundering and terrorism financing, relevant for financial transactions and corporate structures.
Contract and Commercial Law Act 2017: Provides framework for commercial contracts and transactions, relevant for agreements between the holding company and its subsidiaries.
Overseas Investment Act 2005: Relevant if the holding company has foreign ownership or plans to invest in sensitive New Zealand assets.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Standard Operating Agreement

A New Zealand-governed agreement establishing operational terms and procedures between business parties, defining service delivery and performance requirements.

find out more

Member Managed LLC Agreement

A New Zealand-governed agreement establishing the structure and operations of a member-managed limited liability company, defining member rights and management responsibilities.

find out more

Standard Operating Agreement For LLC

A legal document establishing governance and operational procedures for Limited Liability Companies under New Zealand law.

find out more

LLC Business PartnershIP Agreement

A New Zealand-compliant agreement establishing the terms and conditions for partners operating a Limited Liability Company, including ownership, management, and operational guidelines.

find out more

Standard LLC Agreement

A New Zealand-compliant agreement establishing the governance structure and operational framework for a Limited Liability Company under NZ law.

find out more

Operating Service Agreement

A New Zealand-governed agreement establishing terms for operational service delivery between provider and customer, including service specifications, standards, and compliance requirements.

find out more

Management Agreement Between Two Companies

A New Zealand-governed agreement establishing terms for management services provision between two companies.

find out more

Limited Liability Agreement

A New Zealand-compliant agreement that establishes and limits liability between contracting parties, defining liability caps, exclusions, and risk allocation.

find out more

Joint Operating Agreement

A New Zealand-governed agreement establishing the framework for joint operations between multiple parties, detailing rights, obligations, and management procedures for shared business ventures.

find out more

Holding Company Operating Agreement

A New Zealand-governed agreement establishing the operational and governance framework for a holding company and its subsidiaries.

find out more

LLC Holding Company Operating Agreement

A comprehensive operating agreement for holding companies in New Zealand, establishing governance structure and operational framework under NZ law.

find out more

Single Owner LLC Operating Agreement

A New Zealand-governed operating agreement establishing the framework and rules for a single-member Limited Liability Company.

find out more

Limited Liability Company Operating Agreement

A New Zealand-governed agreement establishing the operational framework and member relationships for a limited liability company.

find out more

Operating Agreement For Member Managed Limited Liability Company

A New Zealand-governed agreement establishing the operational framework and member relationships for a member-managed Limited Liability Company.

find out more

Sole Proprietorship Operating Agreement

A legal framework document for sole proprietorship businesses in New Zealand, outlining operational procedures and compliance requirements under New Zealand law.

find out more

Member Managed LLC Operating Agreement

A New Zealand-compliant legal agreement establishing the governance structure and operational framework for a member-managed Limited Liability Company.

find out more

Partnership Operating Agreement

A New Zealand-compliant legal agreement establishing the terms, conditions, and governance structure for operating a partnership business.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.