The registration process
To register your company using a paper filing all you need to do is submit two documents to the Ministry. This includes, first, a name reservation form stating the name you wish for your company. After the name reservation is registered you may then file the Application for Incorporation. You may submit the name reservation together with the Application. If you do submit them together remember to pay the fee for both filings.
If you wish to register online or to submit filings to an existing company online, you will first need a Business Registries account that allows you to be a user of the registry. Visit the Help and Support tab above and select the “How to use the Online Services” for more information.
Registering a company is easy, just follow these specific steps:
Search the register
Before you submit your name reservation stating the name you wish to use for your company it is recommended you search the register in order to see if the name you want is available. If the name is already in use, you will have to choose another name.
Submit name reservation
Every application to form a company must be preceded or accompanied by a name reservation (Form 2). The name reservation is active for twenty days after it is approved, so your company application form must be submitted within this twenty day window. You may submit the name reservation form with the application to incorporate. Don’t forget to submit the fees for both filings if you submit them together.
Submit your application for incorporation
Your application form (Form 1) must be delivered to the Registrar of Companies together with the payment of the appropriate fees and a copy of the constitution of the company if it differs from the standard constitution.
Documents can be delivered by hand during normal business hours or through the post to the following address:
Registrar of Companies Ministry of Commerce, Consumer, Trade, Innovation and Labour, PO Box 110 Salote Road, Nuku’alofa Tonga
Once the application has been approved, you will be sent a Certificate of Incorporation meaning that the process is complete and your company will be shown on the Tongan Register. If you provided an email on the application then the Certificate can be delivered straight to your email account.
A note about company names
A company name may be entered on the register unless it violates one of the rules concerning names. First, the name of a company must end with the word “Limited” or “Limiteti”. Next, company name will not be entered on the register –
- The use of which would contravene an enactment;
- That is identical or almost identical to the name of another company;
- That is identical or almost identical to a name that the Registrar has already reserved under this Act and that is still available for registration; or
- That, in the opinion of the Registrar, is offensive.