LIMITED LIABILITY COMPANIES ACT 2008

PART 9 MISCELLANEOUS

76 Application of other Acts to limited liability companies

(1) Subject to subsection (2), no enactment of the Cook Islands other than this Act and the enactments set out in Schedule 1, or any regulation, by-law or rule made thereunder may—

(a) impose—
- (i) any liability, duty, responsibility, obligation or restriction; or
- (ii) any fee, impost, tax, levy, dues, duty or excise; or
- (iii) any fine or penalty on a limited liability company; or

(b) require—
- (i) the deposit of any moneys in any public account by; or
- (ii) the filing of any accounts, returns, reports or records by; or
- (iii) the licensing or registration of a limited liability company.

(2) Despite subsection (1), a limited liability company is not required to register as a foreign enterprise pursuant to the provisions of the Development Investment Act 1995-96 and is not subject to that Act by reason only that it—

(a) carries on business with another limited liability company:

(b) carries on business with an international company incorporated pursuant to the International Companies Act 1981-82:

(d) carries on business with an international partnership formed pursuant to the International Partnership Act 1984:

(e) carries on business with an international trust registered pursuant the International Trusts Act 1984:

(f) obtains legal or other professional or specialist advice or services:

(g) obtains accounting advice or has its accounts audited:

(h) operates a bank account for the purposes of investment or depositing, receiving or transmitting money due or owing by the company, or undertakes transactions with a bank for purposes associated with the company:

(i) utilises the services of a trustee company:

(j) undertakes such other activity as may be prescribed by regulation.

(3) Every limited liability company may sue and be sued in the Court and except as provided by this Act, is subject to the Judicature Act 1980-81 and to every regulation or rule made under that Act and to all other rules of procedure of the Court whether provided for under or by virtue of enactment or made by the Court in its inherent jurisdiction.