Additional Services

Who can apply for reinstatement to ASIC:

• A director, secretary, or member- you must: -
  
  
  • have been a director, secretary, or, member of the company at the time of deregistration,
  • be able to confirm that upon reinstatement the company will be able to pay its debts as and when they fall due,
  • not disqualified from managing corporations, and
    
    Prerequisites:
    
    

    The person applying must be able to demonstrate and provide evidence that:

    • The company was still carrying on business when it was deregistered
    • There were legal proceedings in existence at the time of deregistration
    • the company has outstanding liabilities.
    • There were more than $1,000 of assets in the company at the time of deregistration.
    • There was a procedural error that caused the deregistration.
    • Not every shareholder agreed to voluntarily deregister the company.
    • A declaration that upon reinstatement, the company will be able to pay its debts as and when they fall due and that all directors are notified of the application and the consequences of reinstatement.


• Third-Party – You must:
  
  • provide supporting documentation as to why the company should not have been deregistered (where required).
  • have started legal proceedings against the company before its deregistration, and
  • be able to provide copies of court documentation to evidence the legal proceedings.

Application and fees

Company Name: You have to make sure that name of the company is still available and if available, reserve the name which is valid for two months and can be further extended. If the company name is no longer available then ASIC will reinstate the company with its old ACN number(for example ACN 999 999 999 Pty Ltd.)

Fees: All outstanding fees must be paid. This includes any fees owed at the time of deregistration, and any annual review fees thereafter for the period that the company was deregistered. Though we can make estimates on the fee payable, we have to request ASIC and they will calculate and inform us, how much fee is payable with the application.

Processing and Time: ASIC may take up to 28 days before a decision is made and may ask for more information. If the application to ASIC is successful, the company is reinstated and it will be taken to have continued in existence as if it had not been deregistered and is subject to all the requirements of the Corporations Act.

Our Services

We will provide you with all the minutes and resolutions and other documents required for execution, check andreserve the company name, request to ASIC for determination on the fee payable, and lodge Form 581 with ASIC. If you are our annual subscriber, we will keep records of the same digitally as an official company record.

Documents we provide (Soft Copy)

• Minutes of the director’s meeting
• Notice and Minutes of Shareholders’ meeting
• Prepare and file documents and ASIC form-410 for Reservation of Company Name
• Request to ASIC for determination of fee to be payable with application
• Declarations and statutory declarations
• Preparation of ASIC form - 581
• Confirmation of decision by ASIC along with ASIC Company Extracts – Usually up to 28 days of application

How to Order

In order for us to lodge the forms with ASIC you need to appoint us a Registered ASIC Agent of the company if you have not appointed us previously.   Download Order Form

Steps:

1. Download the forms and invoice from the links. (Annual subscribers do not pay)
2. Fill out the form and return it to us along with the payment receipt at companychanges@trustdeed.com.au
3. We will prepare the required documents and ASIC forms and send you for review and signature.
4. You review and sign the form and documents and return them to us.
5. We will lodge the form with ASIC on the same day and send you the current company extract from ASIC.

Note: If you are not an annual subscriber, we will cease ourselves as your ASIC agent immediately after completing the service.