Application to court for company reinstatement

The final closing down of a company is when it is deregistered.  To be deregistered the company must not have any assets or liabilities of any kind, including contingent assets and liabilities. 

A company can be deregistered on the application of the company, a member, a director, or the liquidator.  It can also be automatically deregistered by ASIC following the liquidator’s final report or non-payment of ASIC review fees.

But what do you do if you’ve deregistered your company and later discover that it has an asset that was missed?  To deal with that asset the company will have to be re-registered.  ASIC can reinstate a company if it is satisfied the company should not have been deregistered.  A court may also order ASIC to reinstate the company if it is satisfied that it is just that the company’s registration be reinstated.

The wrong choice of the type of application can delay the reinstatement by months.  Poor management of the application because of the failure to prepare and provide the necessary documentation will also delay the application and may even lead to it being rejected.   This is not an area for the DIY applicant, so Townsends Lawyers offer a fixed-fee service to advise you on how to choose the right kind of application and to prepare the necessary documents to support the application.