Hotline:
400-711-2005
澳大利亞公司Australian
This information sheet is for company officers, liquidators and all third parties seeking to reinstate a company to the Australian company register. All legislative references are to the Corporations Act 2001? (Corporations Act) .
Before making an application to reinstate the registration of a company, we strongly recommend you seek professional advice from a lawyer.
? apply to us if you meet the reinstatement criteria outlined below, or
? if you do not meet the criteria for ASIC reinstatement, you may apply to the court for an order that ASIC reinstates the company.
? a defect or oversight in the procedure leading to the deregistration, or
? the company was carrying on business or was in operation at the time it was deregistered.
For companies deregistered voluntarily (s601AA) or wound up (liquidation: s601AB(2)), you must be able to provide valid proof demonstrating a defect or oversight in the procedure leading to deregistration.
To be eligible to apply to ASIC for the reinstatement of your company, you must:
? have been a director of the company at the time of deregistration who is not currently banned or disqualified from holding office
? check the company name is available (use Check Name Availability) and
? obtain an estimate of all fees due and payable (email us or telephone us on 1300 300 630 and we will email or post this information to you within 28 days).
If the company name is no longer available, we can reinstate the company with its name being Australian Company Number (or accepted abbreviation) followed by the company’s ACN and legal elements as an alternative – for example, ACN 000 000 000 Pty Ltd. If you wish to have the company reinstated using the ACN as the company name, a statement to this effect must be included with the application.
If there are no eligible former directors and/or you wish to have the company reinstated with its former name, an application to reinstate the company must be made to the court.
If the former name of the company is available, you may also consider lodging a Form 410 Application for reservation of a name (with the applicable fee) to reserve the former name for a period of two months while you prepare and lodge your application for reinstatement with us and we assess your application.
If you are eligible to apply to ASIC for the reinstatement of your company, you must complete the Application for ASIC Reinstatement, which includes the requirement to:
? complete a statutory declaration supported by appropriate documentation (where applicable), and
? pay in full all fees due and payable as per the estimate obtained.
Your completed application, together with supporting documents (including the statutory declaration) and payment for fees, should be sent to:
Reinstatement Applications
Australian Securities and Investments Commission
PO Box 4000
Gippsland Mail Centre
VIC 3841
You do not need a corporate key to submit your application. The corporate key is cancelled when a company is deregistered and a new corporate key is issued to a company when it is reinstated.
It takes up to 28 days to process an application and reinstate a company, provided that we receive all the relevant documents and payment of fees and all outstanding amounts owing to ASIC (if applicable) with the application.
On obtaining an order for reinstatement from the court, a copy of the order bearing an originally stamped seal of the registry of the court must be lodged with us (s601AH(2)), together with a completed Form 105 Cover page for office copy of a court order, before we will restore the company’s registration.
If you need to take up this option, you should seek your own independent legal advice.
Applications for court reinstatement must be served on the addresses listed below for the relevant state or territory:
Queensland
The Property Law Group
Australian Securities and Investments Commission
Level 20
240 Queen Street
BRISBANE QLD 4000
GPO Box 9827
BRISBANE
QLD 4001
Fax: (07) 3867 4800
All other states and territories
ASIC Court Officer
Australian Securities and Investments Commission
14-22 Grey Street
TRARALGON
VIC 3844
PO Box 4000
GIPPSLAND MAIL CENTRE
VIC 3841
Tel: (03) 5177 3050
Fax: (03) 5177 3999
This list only applies to court applications for reinstatement. For other reinstatement matters and contact details, see Applying to ASIC for reinstatement.
It generally takes three business days for us to reinstate a company to the register after we receive a court order.
When a company is deregistered, an application for registration of another company with the same name as the deregistered company is permitted. If the company name is no longer available within s147 of the Corporations Act, we can reinstate the company with its name being Australian Company Number (or accepted abbreviation) followed by the company’s ACN and legal elements. If you wish to have the company reinstated using the ACN as the company name, you will need to include a statement to this effect with your application.
If the company name is no longer available and you want to have the company reinstated with its former name, you can make an application to the court for orders in relation to the name of the company.
The company is taken to have never been deregistered. When reinstated, all company officers at the time of deregistration are restored to their roles: s601AH(5). (The conduct of a person acting as a director during the period of deregistration may be invalid.)
? ASIC Regulatory Guide 83 Reinstatement of companies (RG83).
? Contact ASIC on 1300 300 630.
24 hour hotline:+86 13588024949 BSI HOT-LINE:400-711-2005
Rm.220,Building3,Yuejuncheng,No.128,Hexing Road,Hangzhou City,Zhejiang,China. TEL:0571-85081281 85081282 85085700 FAX:0571-85081280
To visit in Shanghai:Shanghai xuhui district no. 2020 (HuaYi edifice) 2, 16 floor BSI HOT-LINE:400-711-2005
shenzhen:shenzhen futian district 2012 color entrance garden building A 21st floor BSI HOT-LINE:400-711-2005
Beijing:Beijing chaoyang district no. 88 jianguo SOHO modern city 5, 29 floor BSI HOT-LINE:400-711-2005
Hong Kong:Hong Kong - 55 constant ze commercial building 15 floor TEL:00852-31781676 FAX:00852-31781675
youchuang business consultant co., LTD Copyright? 2005-2015 HKCRS.com All Rights Reserved. 浙ICP備11008125