Reinstating a deregistered company
Reinstatement will restore a company to Registered as if it was never deregistered.
You can apply directly to ASIC for reinstatement (if you meet the criteria), or ask the court to order ASIC to reinstate your company.
To apply to ASIC for reinstatement, you:
- must have been a director of the company when the company was deregistered
- cannot be banned or disqualified from being an officeholder and
- must be able to prove that the company was carrying on business when it was deregistered.
If you applied for voluntary deregistration, you need to prove that it happened because of an oversight made by the company. If ASIC deregistered the company, you need to prove that it was an error.
If you cannot meet these requirements or ASIC has refused your reinstatement application, you must apply to the court to reinstate the company.
People who are disadvantaged as a result of a company's deregistration (e.g. creditors), or members of a company can apply for a court order. Members can only apply to the court when there are no company directors that can make an application.
You can also apply to the court if ASIC has refused your reinstatement application. We recommend seeking your own legal advice before applying for a court order.
This is Information Sheet 4 (INFO 4), reissued in April 2016. Information sheets provide concise guidance on a specific process or compliance issue or an overview of detailed guidance.