Registrar-initiated deregistration

The Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) says the Registrar can deregister a corporation in certain circumstances. These circumstances are different to the reasons the Registrar can apply for court-ordered winding up.

Deregistration of inactive or dormant corporations

The Registrar can deregister a corporation if all of these are true: 

  • the corporation hasn’t lodged a general report within 6 months after it is due  
  • the corporation hasn’t lodged any other documents under the CATSI Act in the last 18 months  
  • the Registrar has no reason to believe that the corporation is carrying on business
  • the corporation is not a registered native title body corporate under the Native Title Act 1993. 

Asking to stay registered 

If 2 months hasn’t yet passed since the Registrar published the notice of proposed deregistration in the Gazette, the corporation can request to stay registered.  

To ask that the corporation stays registered, you need to give: 

  • written evidence about the corporation’s current activities by lodging all outstanding corporation reports
  • the reasons why the corporation should stay registered. 

The Registrar will consider the request and decide if the deregistration should go ahead.

Other reasons for deregistration

The Registrar might consider taking action to have a corporation deregistered if:  

  • it keeps failing to lodge reports (general, financial or directors’) and it doesn’t have an exemption from reporting  
  • we haven’t been able to contact the corporation or the corporation hasn’t made contact in a long time 
  • someone has written (with evidence) that the corporation is not carrying on business – this advice can come from anyone involved in the corporation, including members and directors, or from reliable sources such as a government funding body.  

Deregistration after liquidation

The Registrar must deregister a corporation if it has been wound up by a liquidator. The liquidator is required to hold a general meeting and then lodge information with the Registrar about the meeting as well as the process followed to wind up the corporation. If the liquidator has not sought and received an order from a Court for the corporation’s deregistration, the Registrar must deregister the corporation 3 months after receiving this information.

The Registrar can also deregister a corporation if it’s being wound up and any of the following are clear:  

  • the liquidator is no longer acting 
  • the corporation’s affairs have been fully wound up and the liquidator is at least 6 months late in lodging a return 
  • the corporation’s affairs have been fully wound up and the corporation has no assets or not enough to pay for a court order to deregister.  

Deregistration after amalgamation  

When 2 or more corporations combine (amalgamate) under the CATSI Act, the Registrar will deregister the original corporations.

Find out more about amalgamating corporations. 

Deregistration after court order

The Registrar must deregister a corporation if ordered by a court.

Deregistration process

The Registrar can deregister the corporation 2 months after the notice of the proposed deregistration has been published in the Gazette.

Notice of proposed and final deregistration

If we can, we’ll issue a notice of the proposed and final deregistration to the:  

  • corporation and its liquidator (if any)  
  • corporation’s directors  
  • corporation’s contact person or secretary. 
Content last updated: