Deregistration
What is deregistration?
In the context of a corporation, deregistration means the corporation ceases to exist as a legal entity.
A voluntary deregistration may occur or a Registrar-initiated deregistration.
Who can apply to deregister the corporation?
| Registrar-initiated deregistration | Deregistration |
| The Registrar. |
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When can the Registrar deregister a corporation?
| Registrar-initiated deregistration | Deregistration |
The Registrar may consider deregistering a corporation if ALL of these elements are satisfied:
| An application may be made to the Registrar for deregistration if ALL of the following circumstances are in place:
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How is the deregistration commenced?
| Registrar-initiated deregistration | Deregistration |
The Registrar will issue a Notice of Intended Deregistration to the corporation, its directors and will also publish the Notice of Intended Deregistration in the Gazette. The corporation can request that the corporation stay registered if they give reasons to the Registrar within 2 months of publication of the notice in the Gazette. The corporation must give written evidence about the corporation’s current activities by lodging with the Registrar:
The Registrar will consider the request and decide whether to proceed with the deregistration. The earliest a corporation can be deregistered is 2 months after publication in the Gazette. | The members must pass a resolution that the corporation be deregistered. The resolution can be passed in the usual way either:
The corporation then needs to complete a Voluntary Deregistration Form and lodge it with the Registrar. The Registrar must give notice of the proposed deregistration in the Gazette. The earliest a corporation can be deregistered is 2 months after publication in the Gazette. |
What happens then?
| Registrar-initiated deregistration | Deregistration |
Once the corporation is deregistered, it will cease to exist as a legal entity. On deregistration, all of the corporation’s property vests in the Registrar. | Once the corporation is deregistered, it will cease to exist as a legal entity. |
The corporation will be listed as ‘Deregistered’ on the Register of Aboriginal and Torres Strait Islander Corporations. Your only remaining obligation will be to keep records for 5 years that explain the corporation’s finances.