Voluntarily Deregistering a Company
Why deregister?
A company remains registered as a company even after it ceases trading. While registered it is still subject to the legal requirements of a registered company, including payment of the annual review fee each year.
If you have no further use for your company and it is not in financial difficulty or insolvent, you may wish to close it down, that is deregister it.
A company ceases to exist on deregistration.
How can I deregister a company?
Generally, there are two ways you can deregister a company:
- through a members’ voluntary winding-up. This is a procedure for solvent companies initiated by the company’s members and involves the orderly winding-up of the company’s affairs, the appointment of a liquidator to manage the process of realising the company’s assets, ceasing or sale of its operations, payment of its debts (if any) and distribution of surplus assets (if any) among its members. See INFO 78 Winding-up a solvent company for more information.
- by applying to us to voluntarily deregister a company assuming it meets certain legal requirements.
You should seek your own independent professional advice to determine which option is appropriate for your company.
Are you able to voluntarily deregister the company?
We will only deregister a company if it meets all of these requirements:
- all members of the company agree to deregister
- 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
- the company has paid all fees and penalties payable under the Corporations Act 2001.
If the company is eligible to be deregistered, make your application
Once you ensure that the company meets the requirements to deregister, lodge Form 6010 Application for voluntary deregistration of a company with the application fee.
If you lodge your application online you will be issued an invoice for the application fee once the application is approved. You must pay the fee within 28 days of approval or deregistration will be cancelled and you will have to reapply.
If you lodge your application on paper, you must include the application fee with the form or your application will not be considered.
Who can sign the application?
The applicant for deregistration of a company must be the company, a director or member of the company, or a liquidator of the company. Where the applicant is the company, a director or secretary of the company must sign the form.
Other questions relating to voluntarily deregistering a company:
- Can an alternate director sign?
- Are you sure about signing the form?
- What happens to your application after you lodge it?
- When we approve your application
- When we reject your application
- Do I still have to pay the company’s current year annual review fee?
- How can I stop or defer deregistration
- Why has ASIC cancelled my company’s deregistration?
- Why has ASIC deferred my company’s deregistration?
- How long must I keep the company’s books after deregistration?