How Can I Re-register a Company That’s Been Deregistered?

Table of Contents

Share at:

When a company is deregistered it no longer exists from that point in time onwards. If you want that company to start operating again, you will need to have it reinstated. This will return the company to its previous position as a legally registered company. There are two ways in which you can do this.

Application to ASIC

In order to have a deregistered company reinstated, you can make an application to ASIC. There are regulatory guidelines that detail the circumstances in which they will reinstate a deregistered company. Generally, reinstatement will occur where ASIC is satisfied that the company should not have been deregistered in the first place. Additionally, they will consider applications where you pay any outstanding penalties associated with the deregistered company.

The guidelines provide some examples of when ASIC will reinstate deregistered companies. These include where:

  • A procedural error leads to deregistration
  • Not every member agreed to the voluntary deregistration
  • Upon deregistration there was more than $1000 in assets
  • Outstanding liabilities
  • The company was carrying on a business at the time of deregistration
  • Legal proceedings were on foot at the time of deregistration

Need specialised advice regarding your company?

Contact a Lawpath consultant on 1800 529 728 to learn more about company registration, customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

How to Lodge an Application

To apply to ASIC, you need to have been a director, secretary or member of the company when it was deregistered. Applying involves the following:

  • Complete the reinstatement form
  • Pay the application fee and any related amounts owing to ASIC
  • Include any supporting documents that explain why deregistration should not have occurred
  • Provide a statement that all directors are aware of the application

 Application to the Court

Courts also have the power to reinstate companies. This is an option if you do not meet the above criteria for an application, or it was rejected. The court will consider 4 key factors when deciding whether to reinstate your company. These are:

  1. The circumstances surrounding the company’s ending
  2. Whether reinstating the company will have a good outcome
  3. Whether reinstatement will prejudice anyone
  4. Overall public interest

You will need to show the Court why the company should be reinstated. Add any documents or information that supports your reasoning. You also need to provide proof that all directors are aware of the application. You may want to seek the advice of a company lawyer to help with the process. Showing the Court how your company will survive may also be helpful.

Have more questions? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest legal marketplace.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

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 Raise Capital: The Essential Guide for Entrepreneurs

Do you want to learn how to raise capital as an entrepreneur? You can find out how to by reading this article.

Can A Trustee Be A Beneficiary Of A Discretionary Trust?

Have you ever wondered whether a trustee can be a beneficiary of a discretionary trust? Check out this article to find out.

How Does Income Splitting Work?

Understand the rules, benefits, and risks around income splitting in Australia. Ensure tax compliance from day one.

A Comprehensive Guide to Tax Deductions for Airbnb Hosts in Australia

Renting out an Airbnb? Maximise your tax benefits by claiming all eligible tax deductions for Airbnb hosts in Australia. Learn more in our comprehensive guide.

Signing a Document? Who Can Witness a Signature?

Some legal documents require a person's signature to be witnessed. So who can be a witness? Read our guide to find out more.

Is It Legal To Film In Public Places?

Filming in public places might seem perfectly legal, but there are circumstances where this could get you into trouble. Find out more here.