There are circumstances which may require you to close or ‘wind-up’ your company. According to ASIC, a company remains registered even if it is not trading any longer, therefore a formal de-registration must take place in order for the company to be officially closed.
Unless a company is formally de-registered, regardless of whether it is trading or not, it is still subject to the legal requirements of a registered company, including payment of the annual review fees.
Further, ASIC will only de-register a company if it meets all of these requirements:
- All members of the company agree to de-register
- The company is not carrying on business
- The company’s assets are worth less than $1000
- The company has no outstanding liabilities
- The company is not a party to any legal proceedings, and
- The company has paid all fees and penalties payable under the Corporations Act 2001 (Corporations Act).
The De-registration Process
You will need to lodge a Form 6010 with ASIC.
ASIC will notify you that your application has been approved before publishing a notice of the de-registration on the insolvency notices website.
Two months after the notice is published, ASIC will de-register the company unless a request to defer or cancel the de-registration is provided to ASIC. When the company is de-registered, a confirmation letter will be sent to the registered business address.
The books of a de-registered company must be keep by the directors for a period of three years.
If the company’s annual review date falls within two calendar months before or after the date on which the notice is published on the insolvency notices website, you will not have to pay the current year’s annual review fee.