Corporations Act 2001

CHAPTER 5A - DEREGISTRATION, AND TRANSFER OF REGISTRATION, OF COMPANIES  

PART 5A.1 - DEREGISTRATION  

Note 1: This Part applies to the deregistration of CCIVs with modifications: see Subdivision A of Division 9 of Part 8B.6 .

Note 2: For the deregistration of sub-funds of CCIVs, see Subdivision A of Division 9 of Part 8B.6 .

SECTION 601AA   DEREGISTRATION - VOLUNTARY   Who may apply for deregistration

601AA(1)  
An application to deregister a company may be lodged with the Registrar 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.

Application requirements

601AA(1A)  
The application must meet any requirements of the data standards.

Circumstances in which application can be made

601AA(2)  
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. The Registrar may ask for information about officers

601AA(3)  
The applicant must give the Registrar any information that the Registrar requests about the current and former officers of the company.

Deregistration procedure

601AA(4)  


If:

(a)  the Registrar decides to deregister the company under this section; and

(b)  the Registrar is not aware of any failure to comply with subsections (1) to (3) ;

the Registrar must:

(c)  make a record of the proposed deregistration; and

(d)  publish notice of the proposed deregistration.

601AA(4A)  


When 2 months have passed since the publication of the notice under paragraph (4)(d) , the Registrar may deregister the company.

601AA(5)  
The Registrar must give notice of the deregistration to:

(a)  the applicant; or

(b)  the person nominated in the application to be given the notice.

601AA(5A)  
The Registrar must refuse to deregister a company under this section if ASIC notifies the Registrar that ASIC objects to the deregistration.

601AA(6)  


The Registrar may refuse to deregister a company under this section if ASIC decides to order under section 489EA that the company be wound up.

601AA(7)  


Subsections (5A) and (6) do not limit the Registrar ' s power to refuse to deregister the company.

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