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 deregistrationDeregistration
The Registrar.
  • the corporation
  • a director or member
  • a liquidator

When can the Registrar deregister a corporation?

Registrar-initiated deregistrationDeregistration

The Registrar may consider deregistering a corporation if ALL of these elements are satisfied:

  • the corporation hasn’t lodged a general report within 6 months after it is due
  • the corporation hasn’t lodged any other documents under the CATSI Act in the last 18 months
  • the Registrar has no reason to believe that the corporation is carrying on business, and
  • the corporation is not a registered native title body under the Native Title Act 1993 

An application may be made to the Registrar for deregistration if ALL of the following circumstances are in place:

  • all members agree
  • the corporation is not carrying on business
  • the corporation’s assets are worth less than $1,000
  • the corporation has paid all fees and penalties payable under the CATSI Act
  • the corporation has no outstanding liabilities
  • the corporation is not a part of any legal proceedings 

How is the deregistration commenced?

Registrar-initiated deregistrationDeregistration

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:

  • its latest financial year’s general report, and
  • all financial or directors’ reports that should have been lodged.

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:

  • at a general meeting, or
  • by the members signing a document stating that they are in favour. 

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 deregistrationDeregistration

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. 

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