Effective as of 18 December 2018:
Strike - Off
Amendments relating to the strike-off of a company Members and Creditors protection. Any member or creditor of a company may object to the striking-off of a company within the period of 3 months from the relevant publication in the Gazette.
Court Order to bring the company up to date upon re-instatement.
The Court is given the power to order:
(i) that documents and returns be filed to the Registrar of Companies to bring the company's filing requirements up to date;
(ii) that all fees due by the company are paid; and
(iii) that the Company pays all costs of the Registrar of Companies in relation to the restoration of the company - effective as of 18 December 2018.
New power to the Registrar to reinstate struck-off companies.
A member or director can apply to the Registrar of Companies to re-instate a company which was struck-off on the basis that it was not carrying on a business or did not pay the annual levy. The Registrar of Companies has the power to re-instate the company without the involvement of the Court. Such application must be made within 24 months of the strike-off provided that:
(i) the relevant company was carrying business at the time of strike-off;
(ii) the company is brought up to date with its filing requirements;
(iii) the company pays all fees, levies, penalties and fines due to the Registrar of Companies;
(iv) the fee of reinstatement is paid; and
(v) the Registrar of Companies has good reason to believe that the strike-off has caused a disadvantage to the applicant.
The Registrar of Companies will publish in the Gazette the date upon which section 327A shall become effective.
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