Consider this if…
- ASIC deregistered the company for unpaid annual review fees or missed lodgements while the business was still trading
- Property, a bank account, shares or a refund remains in the deregistered company's name
- The company was acting as trustee of a family trust or self-managed super fund
- The company needs to bring or defend a claim or complete a contract or property settlement
- A creditor or claimant needs the company restored to pursue a debt or insurance claim
How it works
Urgent assessment
We confirm the company's status, why it was deregistered and which business, asset or transaction is at risk.
At the first conversation
Pathway advice
We recommend an ASIC application, a court application or a fresh company and explain the practical consequences of each option.
After the initial review
Evidence and application
We gather the company records, declarations and supporting evidence and prepare the appropriate application.
Once the required material is available
Reinstatement
We manage the application and keep you informed. The timeframe depends on the pathway, the evidence and any issues requiring a response.
Confirmed after assessment
Records and assets
After restoration, we help update the company's records, address its assets and put safeguards in place for future compliance.
After reinstatement
Fee
Quoted in writing before we start
GST inclusive
The scope, fee and expected timing are confirmed in writing before work begins.
What does company reinstatement mean?
When a company is reinstated, the law generally treats it as though it had never been deregistered.
- The company returns with the same ACN and corporate history.
- The directors and shareholders at the time of deregistration resume their roles.
- Assets that vested in ASIC on deregistration generally return to the company.
- The company's obligations also return, including its debts, contracts and lodgement requirements.
That last point matters. Reinstatement is not always the right commercial step, so obtain advice before applying.
When might a company need to be reinstated?
Reinstatement may be needed where the company was still trading when ASIC deregistered it, where it still holds property or money, or where it remains the trustee of a family trust or self-managed super fund. It may also be required where a voluntary deregistration occurred by mistake, not every shareholder agreed, or assets and liabilities remained.
A company may also need to return to bring or defend a legal claim, complete a contract or property settlement, or allow a creditor or claimant to pursue a debt or insurance claim.
Two ways to reinstate a deregistered company
1. ASIC reinstatement
Administrative reinstatement is generally the simpler pathway. It may be available to a former director, secretary or shareholder who can show ASIC that the company should not have been deregistered. Common grounds include that the company was still carrying on business, held assets or had liabilities at the time.
ASIC will require the company's outstanding fees and records to be addressed. The precise requirements and timing depend on the company's history and the circumstances of the application.
2. Court-ordered reinstatement
A court application may be necessary if ASIC refuses an application, the applicant does not meet ASIC's administrative requirements, or a third party such as a creditor seeks reinstatement. The court may restore a company where it is just to do so and can make related orders, including orders dealing with actions taken while the company was deregistered.
Company reinstatement checklist
The documents and information commonly needed include:
- the company name, ACN, deregistration date and reason for deregistration;
- details of the directors, secretary and shareholders at the time;
- evidence that the company was active or held assets, such as bank statements, title searches, contracts, tax records or trading records;
- signed declarations from the applicant;
- confirmation of outstanding ASIC fees and penalties; and
- any overdue lodgements needed to bring the company's record up to date.
What's included in our company reinstatement service
- A review of why the company was deregistered and which pathway is available.
- Advice on whether reinstatement or a new company is the better commercial option.
- Preparation and lodgement of an ASIC reinstatement application and supporting declarations.
- Court-ordered reinstatement applications, including liaison with ASIC.
- Assistance recovering assets vested in ASIC and unfreezing company bank accounts.
- Work to bring annual reviews, officeholder details and company records up to date.
- Coordination with your accountant on overdue tax lodgements.
- Compliance arrangements intended to reduce the risk of another deregistration, including current addresses, review reminders and registered-office arrangements.
Get your company back on the register
Call (03) 9427 7641 or send an enquiry to speak with a company reinstatement lawyer. We will explain the available options in plain English and act to protect the business and its assets.
This page provides general information only and is not legal, tax or financial advice. Please contact us for advice about your specific circumstances.
Frequently asked questions
ASIC deregistered our company and we didn't know. We're still trading. What do we do?
This often follows a move or change of accountant when ASIC notices go to an old address. Act quickly. While deregistered, the company does not legally exist, its accounts may be frozen and its assets may be held by ASIC. Contracts made in its name may also be affected, and people who keep trading can face personal risk. Contact us promptly and, where possible, avoid signing anything new in the company's name until the position is assessed. Continued trading may support an ASIC reinstatement application, but the facts must be checked.
We've found a bank account or property still in the old company's name. Can we get it back?
Often, yes. Property still held when a company is deregistered may vest in ASIC, while different rules can apply to trust property. Reinstatement is commonly needed so the company can recover or deal with the asset, particularly real estate. A simpler option may be available for some small amounts. We assess the asset and likely cost before recommending reinstatement.
Do we have to pay all the ASIC fees for the years the company was deregistered?
An administrative reinstatement generally requires outstanding ASIC amounts and company records to be addressed, which can include fees connected with the period off the register. Overdue tax returns may also require your accountant's attention. We obtain the current requirements and figures before you commit so they can be compared with the value of the business, asset or right being recovered.
Should we reinstate the old company or register a new one?
It depends on what remains with the old company. A new company does not automatically acquire the former company's assets, bank balance, contracts, licences, trading history or trustee role. If the old company holds something important, reinstatement may be necessary. If it held nothing and the aim is simply to trade again, a new company may be the cleaner option. We provide a recommendation after checking the records and commercial objective.
Can someone else reinstate our old company to pursue us?
Yes. A creditor, government authority or person with a legal claim may ask a court to reinstate a company so the claim can be pursued. Deregistration does not provide a way to avoid debts. If an application is made, obtain advice promptly about the company, the directors' position and how to respond.
Related services
Call (03) 9427 7641 or send an enquiry to speak with a company reinstatement lawyer.
Get your company back on the register