Can I Register A Company Name That Has Been Deregistered
The ASIC cancels the business name upon a companys de-registration. This provided for under section 344 5 of the Companies Act and has to be done within 6 years of the companys striking off.
The Corporate Affairs Commission On Tuesday Said It Had De Registered The Names Of Over 38 000 Companies From It Nigerian Newspapers News Around The World News
You will need to contact ASICs Registry Services team online at asicgovauquestion or by phone 1300 300 630.
Can i register a company name that has been deregistered. No supporting documents are required to object to the deregistration. Until you deregister the company it must continue to meet all the legal requirements of a company. The company only where its registration has been reinstated by ASIC the liquidator of a company where the company is deregistered and a GST credit arose after.
You have to Register a New Pty 2. If you dont meet your obligations under the Act We can remove your company from the Companies Register if. If the company was deregistered in the last few years and you were an officeholder when this happened you should consider reinstating the company as this may allow the funds to be claimed.
No supporting documents are required to object to the deregistration. Reinstatement will restore a company to registered as if it was never deregistered. When you deregister a company it will cease to exist as a legal entity and is no longer able to trade.
Apply to the court for an order that ASIC reinstate a company. If a de-registered company holds a business name the business name cannot be used as the company no longer exists. Once a company or close corporation has been final deregistered the company or close corporation or any other person may apply for re-instatement upon filing of a Form CoR405 and supporting documents.
Who can apply to the Registrar To apply to the Registrar you must have been at the time the company was removed. Reinstating a deregistered company. So a business name doesnt vest in the ASIC even though technically its property belonging to the company.
Any person who is aggrieved with the companys striking off can apply to the court to have the company restored to the register. If the company or close corporation was finally deregistered the company or close corporation must apply for re-instatement. If you have a profitable running business which has been de-registered due to unpaid Annual Return fees a Re-Instatement is the best and only option to proceed with business as usual.
If you are not the holder of the registered business name or registering the company for one of the holders of the specified identical business name then you will not be able to use that registered business name as your company name. When you provide the business name you are wanting to use ASIC should then check the register and see that the company previously trading under that name has been deregistered and see that you are ok to use that name. In terms of section 82 3 a i of the Companies Act 71 of 2008 the Act the Companies and Intellectual Properties Commission CIPC can remove a company from the companies register if the has failed to file an annual return in terms of section 33 for two or more years in succession and has failed to give satisfactory reasons for the failure or to show satisfactory cause for the company to remain registered.
A company officially closes when it is deregistered with the Australian Securities Investments Commission ASIC. Yes but only if proofed that the entity was holding property or was active at the time of deregistration. If you would prefer to continue trading with your existing company we can surely assist.
As mentioned before we offer a Re-instatement service for deregistered companies. The Registrar of Companies has authority to remove a company from the Companies Register if you havent complied with your obligations under the Companies Act 1993 or if your company has been liquidated or amalgamated with another company. A director or shareholder of the company.
Apply to ASIC for reinstatement. Business names registered in the name of a company do not vest in ASIC or the Commonwealth when the company becomes deregistered as they are cancelled by ASIC see s50 of the Business Names Registration Act 2011. You can apply to ASIC for reinstatement if you meet the criteria or apply to the court for an order that ASIC reinstate a company.
If that costs too much and ASIC holds the funds it may approve a claim if. Note that it will be a more expensive process than the Registration of a new Company. Theres no time limit on when a company can be restored to the register it doesnt matter how long ago it was removed.
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