Corporations Act 2001
An application to deregister a company may be lodged with ASIC by:
(a) the company; or
(b) a director or member of the company; or
(c) a liquidator of the company.
If the company lodges the application, it must nominate a person to be given notice of the deregistration.
[ CCH Note 1: S 601AA(1) will be amended by No 69 of 2020, s 3, Sch 1[799], by substituting " the Registrar " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
[ CCH Note 2: S 601AA(1A) will be inserted by No 69 of 2020, s 3, Sch 1[800] (effective 22 June 2022 or a day or days to be fixed by Proclamation). S 601AA(1A) will read:
Application requirements
601AA(1A)
The application must meet any requirements of the data standards.
A person may apply only if:
(a) all the members of the company agree to the deregistration; and
(b) the company is not carrying on business; and
(c) the company ' s assets are worth less than $1,000; and
(d) the company has paid all fees and penalties payable under this Act; and
(e) the company has no outstanding liabilities; and
(f) the company is not a party to any legal proceedings. ASIC may ask for information about officers 601AA(3)
The applicant must give ASIC any information that ASIC requests about the current and former officers of the company.
[ CCH Note: S 601AA(3) will be amended by No 69 of 2020, s 3, Sch 1[801] and [ 802], by substituting " The Registrar " for " ASIC " in the heading and " the Registrar " for " ASIC " (wherever occurring) (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
If:
(a) ASIC decides to deregister the company under this section; and
(b) ASIC is not aware of any failure to comply with subsections (1) to (3);
ASIC must:
(c) give notice of the proposed deregistration on ASIC database; and
(d) publish notice of the proposed deregistration in the prescribed manner.
[ CCH Note: S 601AA(4) will be amended by No 69 of 2020, s 3, Sch 1[803] - [ 806], by substituting " the Registrar " for " ASIC " in para (a) and (b), substituting " the Registrar must " for " ASIC must " , substituting para (c) and omitting " in the prescribed manner " in para (d) (effective 22 June 2022 or a day or days to be fixed by Proclamation). Para (c) will read:
(c) make a record of the proposed deregistration; and]
View history note
Hide history noteWhen 2 months have passed since the publication of the notice under paragraph (4)(d), ASIC may deregister the company.
[ CCH Note: S 601AA(4A) will be amended by No 69 of 2020, s 3, Sch 1[807], by substituting " the Registrar " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
ASIC must give notice of the deregistration to:
(a) the applicant; or
(b) the person nominated in the application to be given the notice.
[ CCH Note 1: S 601AA(5) will be amended by No 69 of 2020, s 3, Sch 1[808], by substituting " the Registrar " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
[ CCH Note 2: S 601AA(5A) will be inserted by No 69 of 2020, s 3, Sch 1[809] (effective 22 June 2022 or a day or days to be fixed by Proclamation). S 601AA(5A) will read:
601AA(5A)
The Registrar must refuse to deregister a company under this section if ASIC notifies the Registrar that ASIC objects to the deregistration.
ASIC may refuse to deregister a company under this section if ASIC decides to order under section 489EA that the company be wound up.
[ CCH Note: S 601AA(6) will be amended by No 69 of 2020, s 3, Sch 1[810], by substituting " The Registrar " for " ASIC " (first occurring) (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
Subsection (6) does not limit ASIC ' s power to refuse to deregister the company.
[ CCH Note: S 601AA(7) will be amended by No 69 of 2020, s 3, Sch 1[811] and [ 812], by substituting " Subsections (5A) and (6) do " for " Subsection (6) does " and " the Registrar ' s " for " ASIC ' s " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
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