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Deregistration and Reinstatement of Companies and Schemes

Deregistration and Reinstatement of Companies and Schemes

Deregistration and Reinstatement of Companies and Schemes

Author: John Tarrant
Publisher: LexisNexis Australia
ISBN: 9780409334371
Published In: April 2013
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Where a company has been deregistered there may be many acts purportedly performed on behalf of the non-existent company and these are prima facie nullities. However, some such acts are automatically validated upon the reinstatement of a deregistered company. Issues also arise as to what acts a court can specifically validate when a company is reinstated.

Deregistration and Reinstatement of Companies and Schemes examines the procedure for deregistration together with the practical issues that arise as a result of deregistration. The non-existence of a company will have many implications including the continuation of legal proceedings, the service of documents, and the ability of a company to perform its obligations. In this reference text, John Tarrant skilfully examines who has standing to seek to have a company reinstated, as well as the procedure for reinstatement.

Tarrant also explores the numerous issues that arise when a deregistered company is reinstated. These include the status of litigation involving the company, the status of the company's property including contracts and the taxation implications of deregistration and reinstatement.

1. The Nature of Registration, Deregistration and Reinstatement
2. Deregistration of Companies and Schemes
3. Practical Issues Upon Deregistration of Companies and Schemes
4. Standing to Make a Reinstatement Application
5. Reinstatement of Companies and Schemes
6. Practical Issues Upon Reinstatement of Companies and Schemes

John Tarrant is a barrister-at-law in New South Wales and a professor of law at the University of Western Australia where he teaches Advanced Practice and Procedure.

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