Reinstating a deregistered company
This is Information Sheet 4 (INFO 4).
Reinstatement will restore a company to registered as if it was never deregistered.
You can apply to ASIC for reinstatement (if you meet the criteria), or apply to the court for an order that ASIC reinstate a company.
To apply to ASIC for reinstatement of a company as a director, secretary or member, you:
- must have been a director, secretary or member of the company at the time of deregistration,
- must be able to confirm that upon reinstatement the company will be able to pay its debts as and when they fall due,
- cannot be disqualified from managing corporations, and
- provide supporting documentation as to why the company should not have been deregistered (where required).
If you applied for voluntary deregistration, you will need to prove that the declaration made on the application for voluntary deregistration was incorrect at the time the company was deregistered. If we deregistered the company, you may need to prove that it was an error.
To apply to us for reinstatement of a company as a third party, you must:
- have started legal proceedings against the company before its deregistration, and
- be able to provide copies of court documentation to evidence the legal proceedings.
A person who is aggrieved by the deregistration of a company or a former liquidator of a company can apply to the court for an order that ASIC reinstate a company.
You can also apply to the court if we have refused your reinstatement application or if you can't meet the criteria. We recommend seeking your own legal advice before applying for a court order.
Information sheets provide concise guidance on a specific process or compliance issue or an overview of detailed guidance.
This information sheet was reissued in July 2018.