Question
How can I reinstate a deregistered Company?
Answer
You can apply to ASIC for reinstatement, or apply to the court for an order that ASIC reinstates the deregistered Company.
Apply to ASIC for Reinstatement
For a Director, Secretary or Member to apply to ASIC for reinstatement of a Company, they:
- must have been a Director, Secretary or Member of the Company at the time of deregistration
- must be able to confirm that, upon reinstatement, the Company will be able to pay its debts as and when they fall due
- cannot be disqualified from managing corporations, and
- must provide supporting documentation as to why the Company should not have been deregistered.
Voluntary Deregistration
If a voluntary deregistration is applied for, proof that the declaration made on the application for voluntary deregistration was incorrect at the time the Company was deregistered will need to be submitted.
ASIC Deregistered the Company
If ASIC deregistered the Company, proof may be required that it was an error.
Third Part Application to Reinstate
For a third party to apply to ASIC for reinstatement of a Company, they must:
- have started legal proceedings against the Company before its deregistration, and
- be able to provide copies of court documentation to evidence the legal proceedings
For more information, you can refer to How to apply for ASIC reinstatement.
Apply to the court for an order that ASIC reinstate a Company
A person who is aggrieved by the deregistration of a Company or a former liquidator of a Company can apply to the court for an order that ASIC reinstate a Company.
You can also apply to the court if ASIC have refused your reinstatement application or if you can't meet the criteria. We recommend seeking your own legal advice before applying for a court order.
You can refer to How to apply for reinstatement through a court order for more information.
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