How can I Get a Company Reinstated?

Table of Contents

Share at:

How can I get a company reinstated?

When a company is deregistered, it no longer exists as a legal entity and cannot conduct trade. Common reasons that a company is deregistered include:

  • voluntarily ceasing trade;
  • liquidation; or
  • being struck off the register by ASIC.

Sometimes parties involved in the company prior to deregistration want to reinstate the company at a later date. It is possible to do this by applying to ASIC for reinstatement.

LawPath has business lawyers who can assist you with this application process and provide the support needed to get the company up and running again.

Eligibility

To be eligible to apply for the reinstatement of a company with ASIC, you must:

  • have been a director, secretary or member of the company when it was deregistered;
  • be able to confirm that the company will be solvent, meaning it will be able to pay its debts as and when they fall due once it is reinstated;
  • not have been disqualified from managing a company; and
  • if relevant, provide evidence as to why the company should not have been deregistered.

If the company was voluntarily deregistered, you will need to prove that the declaration you made with the application was incorrect when the company was deregistered.

The Application Process

There are several steps that need to be completed when applying for reinstatement:

  • You will need to check if the company name is still available;
  • You will need to calculate how much the reinstatement will cost using ASIC’s ‘Reinstatement Calculator’;
  • Once you have received a rough estimate of the fees using the reinstatement calculator, you will need to request a detailed quote from ASIC;
  • You will need to fill out Form 581 Application for ASIC Reinstatement and return it to ASIC with the reinstatement fee paid. It can take up to 28 days after ASIC receives your application until they make a decision.

The application form can be found on ASIC’s website.

Application to the court for reinstatement

Alternatively, you can apply to the court for an order that ASIC reinstate the company. When companies are deregistered, parties lose the ability to bring legal proceedings against the company. Aggrieved persons or the former liquidator may apply to ASIC to have the company reinstated so that debts can be claimed.

You may also apply for a court order for reinstatement if ASIC refuses your application. If this is an avenue you are interested in pursuing, we recommend engaging one of LawPath’s business lawyers to get some advice about the court process.

Conclusion

Once your company has been reinstated, LawPath has specialised business lawyers who can help set up your company for success. They can assist with easily modifiable legal documents and agreements necessary to support your company’s growth.

Need more help? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from Australia’s largest legal marketplace or to get answers to your legal questions.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

How to Start a Tattoo Parlour Business

Tattoos are becoming an increasingly popular form of self-expression. Find out how to start a tattoo parlour business here.

How to Start a Personal Training (PT) Business

Are you looking to start a personal training business? Read this article to see a step by step guide on what you need to do before getting your first client.
Exclusivity Clauses

Sham Contracting in Australia: How to Spot It and Protect Yourself (2026)

Sham contracts are a way that employers deny their workers the rights and obligations they're owed. In this article, we break down how you can avoid these.

Do You Have to Pay Annual Leave Loading?

Annual leave loading in Australia is an important entitlement for many, but not all employees. Use our guide to understand who’s entitled to it and how to calculate it.

How to Start a Perfume Business

Starting a perfume business can seem scary when going up against major cosmetics and fashion brands. Read this guide to find out the key things to think about when starting a perfume business.

How To Register A Security Interest On The PPSR

The PPSR is a government-run system to allow debts and obligations to be secured. Find out how to register here.