Business
Companies Act 2001 with foreign investment reserved lists
Incorporation under the Companies Act 2001 through the Ministry of Commerce, Industry and Labour, with foreign investment regulated under the Foreign Investment Act and certain activities reserved to citizens.
Key rules
- Deadline — Foreign investment registration is required before commencing a reserved or restricted activity
- Deadline — Annual returns are filed with the Registrar of Companies
Governing law
- Companies Act 2001 (s. 12)
- Foreign Investment Act 2000
- Competition and Consumer Act 2016
- International Companies Act 1988
In practice
The Companies Act 2001 follows the New Zealand 1993 model, so directors' duties and the solvency test will be familiar. Reserved activities — historically including small retail, taxi services and certain traditional occupations — are closed to foreign investors, and restricted activities need approval. Samoa also maintained an offshore sector under the International Companies Act, but that regime has been substantially wound back under international transparency pressure and should not be assumed to be available on historic terms. The practical constraint on any land-using venture is the same as elsewhere in Polynesia: customary land cannot be bought, so the business plan must be built around a lease.