Question
Who will be the applicant for a deregistration? What is the difference between the applicant options, 'Company' and 'Director of the company'?
Answer
Every voluntary deregistration requires an Applicant. The Applicant for deregistration can only be:
- The Company
- A Director or Member of the Company; or
- A liquidator of the Company
Although section 601AA of the Corps Act states that the Applicant for deregistration can be a Member of the Company, the ASIC electronic specifications does not permit Members to be the Applicant.
Director of the company: The applicant of the 6010 is the end-client.
Company: If the user selects the company as Applicant, a further question is needed - “Details of Nominee”. When a company is an Applicant, a nominee (an individual) needs to be appointed to receive notice of the deregistration. The nominee does not need to be a Member or Director of the Company. The nominee’s name and address must be supplied.
Note: If you do not choose an external applicant, then a Director of the Company must be chosen.
Related articles:
- Form 6010 (Company Deregistration)