Corporations (Aboriginal and Torres Strait Islander) Act 2006
CHAPTER 12
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TRANSFER OF REGISTRATION, DEREGISTRATION AND UNCLAIMED PROPERTY
PART 12-2
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DEREGISTRATION
Division 546
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Deregistration
SECTION 546-1
DEREGISTRATION
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VOLUNTARY
Who may apply for deregistration
546-1(1)
An application to deregister an Aboriginal and Torres Strait Islander corporation may be lodged with the Registrar by: (a) the corporation; or (b) a director or member of the corporation; or (c) a liquidator of the corporation.
Circumstances in which application can be made
546-1(2)
A person may apply only if: (a) all the members of the corporation agree to the deregistration; and (b) the corporation is not carrying on business; and (c) the corporation ' s assets are worth less than $ 1,000; and (d) the corporation has paid all fees and penalties payable under this Act; and (e) the corporation has no outstanding liabilities; and (f) the corporation is not a party to any legal proceedings.
Registrar may ask for information about officers
546-1(3)
The applicant must give the Registrar any information that the Registrar requests about the current and former officers of the corporation.
Deregistration procedure
546-1(4)
If the Registrar is not aware of any failure to comply with subsections (1) to (3) , the Registrar must give notice of the proposed deregistration in the Gazette .
546-1(5)
A notice in the Gazette is not a legislative instrument.
546-1(6)
When 2 months have passed since the Gazette notice, the Registrar may deregister the corporation.
546-1(7)
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.
Who may apply for deregistration
546-1(1)
An application to deregister an Aboriginal and Torres Strait Islander corporation may be lodged with the Registrar by: (a) the corporation; or (b) a director or member of the corporation; or (c) a liquidator of the corporation.
If the corporation lodges the application, it must nominate a person to be given notice of the deregistration.
Circumstances in which application can be made
546-1(2)
A person may apply only if: (a) all the members of the corporation agree to the deregistration; and (b) the corporation is not carrying on business; and (c) the corporation ' s assets are worth less than $ 1,000; and (d) the corporation has paid all fees and penalties payable under this Act; and (e) the corporation has no outstanding liabilities; and (f) the corporation is not a party to any legal proceedings.
Registrar may ask for information about officers
546-1(3)
The applicant must give the Registrar any information that the Registrar requests about the current and former officers of the corporation.
Deregistration procedure
546-1(4)
If the Registrar is not aware of any failure to comply with subsections (1) to (3) , the Registrar must give notice of the proposed deregistration in the Gazette .
546-1(5)
A notice in the Gazette is not a legislative instrument.
546-1(6)
When 2 months have passed since the Gazette notice, the Registrar may deregister the corporation.
546-1(7)
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.