Summer services update
Which A&I form to complete and who should sign
There are 3 different A&I forms available: private individual, private corporate and public corporate. The A&I form you need, and who should sign, depends on the type of entity you are acting for. The most common examples of corporate bodies are set out below.
If you are unsure whether the entity you are dealing with is a private corporate or a public corporate, you should use the Private Corporate A&I form.
| Corporate Body | A&I form to complete | Who signs |
|---|---|---|
| Non-publicly listed company | Private Corporate | Director(s) and/or authorised signatory |
| Incorporated society | Private Corporate | Authorised signatory(s) |
| Publicly listed company | Public Corporate | Director(s) and/or authorised signatory |
| Government departments and agencies (e.g. Ministry of Health, Dept. of Conservation, Legal Services Commissioner) | Public Corporate | Authorised signatory |
| Local authority (e.g. Waikato Regional Council, Whakatane District Council) | Public Corporate | Authorised signatory |
| Chargeholder | A&I form to complete | Who signs |
|---|---|---|
| Institutional chargeholder | A&I form not required – a letter of instruction acceptable | Authorised signatory |
| Private chargeholder (individuals) | Private Individual | All individual chargeholders |
| Private chargeholder (company) | Private Corporate | Director(s) and/or authorised signatory |
| Unit Title Body Corporate | A&I form to complete | Who signs |
|---|---|---|
| Individual unit owners (individuals) | Private Individual | All individual unit owners |
| Individual unit owners (company) | Private Corporate | Director(s) and/or authorised signatory |
| Body corporate | Private Corporate | Authorised signatory(s) |
Requirements for authority and identity
The requirements for authority and identity are set out in the Authority and Identity Requirements for E-Dealing Standard 2024 and the Authority and Identity Requirements for E-Dealing Guideline 2024 (the Guideline).
Authority and Identity Requirements for E-Dealing Standard 2024 – LINZ S 01308
Authority and Identity Requirements for E-Dealing Guideline 2024 – LINZ OP G 01309
The guidance covers:
- definitions of private corporate, public corporate, and institutional chargeholder
- authority from private corporates and public corporates
- authority under a power of attorney
- A&I forms and other forms of authority
- legal capacity for corporates
- electronic signatures
- confirmation of identity, and more.
Authority under a power of attorney
Clause 2.2 of the Guideline provides guidance on what is required for a power of attorney to have legal effect, the steps practitioners must take to confirm the power of attorney is operative and confers the necessary power to authorise the transaction, and additional checks that should be made if the practitioner did not act when the power of attorney was granted.
A power of attorney for a company must be given by the company under s181 of the Companies Act 1993. It must not be given by the directors of the company personally.
Confirming the identity of the authorised signatories
Clauses 9-11 of the Guideline provide guidance on how to confirm identity for new clients, existing clients, and non-client parties.
For private corporates, you must confirm the identity of the authorised signatories. This applies even when two or more directors have signed on behalf of the company.
Public corporates can be relied upon to properly manage their delegations to officers / authorised signatories and to appropriately identify them. For this reason, a practitioner does not need to take further steps to confirm the identities of the officers / authorised signatories so long as the practitioner is satisfied the transaction is authorised.
If an A&I form is signed by an attorney under a power of attorney, you must confirm the identity of the attorney.
Companies executing under seal
When executing under seal, a corporation should affix the corporation’s seal to section 4 of the A&I form. If necessary, the confirmation statements under section 4 may be amended to suit the needs of the corporation as long as the content of the A&I form is not compromised.
Corporations not incorporated under the Companies Act 1993 include territorial authorities, incorporated societies, and charitable trust boards. These entities each have a governing statute and are required to execute in accordance with the method of execution prescribed in that particular Act.
A&I forms and other forms of authority
We have provided guidance on those instruments that are typically authorised by a signed A&I form. These are:
- template instruments, and
- image only instruments requiring certifications.
Image Only Instruments Requiring Certifications on behalf of a Client (A&I required)
A letter of instruction from an institutional chargeholder, and a signed paper discharge from a public corporate are also acceptable forms of authority, as set out in clause 4 of the Guideline.
Tax statements
If buying, selling, or transferring land, a corporate body may need to provide a land transfer tax statement. For more information see our tax statements pages.