Tax Agent Services Act 2009

PART 4 - TERMINATION OF REGISTRATION  

Division 40 - Termination of registration  

Subdivision 40-A - Grounds for terminating registration  

SECTION 40-15   Termination of registration - companies  

40-15(1)  


If you are a * registered tax agent, BAS agent or tax (financial) adviser and a company, the Board may terminate your registration if:


(a) an event affecting your continued registration, as described in section 20-45 , occurs; or


(b) you cease to meet one of the * tax practitioner registration requirements; or


(c) you breach a condition of your registration.

Note:

The Board may also terminate your registration for breach of the Code of Professional Conduct: see Subdivision 30-B .

40-15(2)  
The Board must terminate your registration if:


(a) you surrender your registration by notice in writing to the Board; or


(b) you cease to exist.

40-15(2A)  


Despite paragraph (2)(a), the Board need not terminate your registration if:


(a) you surrender your registration by notice in writing to the Board; and


(b) either:


(i) the Board considers that, due to a current investigation or the outcome of an investigation, it would be inappropriate to terminate your registration; or

(ii) the Board, within 30 days after receiving your surrender notice, decides to investigate you and considers that it would be inappropriate to terminate your registration.

40-15(3)  
If an event affecting your continued registration, as described in section 20-45 , occurs in respect of a director of your company, then the Board may, by notice in writing, require you to remove the director from the board of directors within the period specified in the notice. In determining the period, the Board must have regard to any requirement of the Corporations Act 2001 in relation to the removal of directors.

Note:

A failure to comply with a notice given under this subsection is a breach of subsection 30-10(14) .




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