Lodging

This page contains answers to the following frequently asked questions (FAQs):

  1. FAQ 1 - How do I lodge a notice for publication on the website?
  2. FAQ 2 - When do I lodge a notice?
  3. FAQ 3 - What is the recorded time of Lodging and Publishing?
  4. FAQ 4 - Who is responsible for the accuracy of a notice?
  5. FAQ 5 - How do I withdraw a notice?
  6. FAQ 6 - I need to replace a published notice. What do I do?
  7. FAQ 7 - I need to resume a meeting. What do I do?
  8. FAQ 8 - Can I use the published notices website to publish notices to comply with State legislation (for example the Associations Incorporation Act 2009 (NSW))?
  9. FAQ 9 - What is the timeframe for lodging a notice of application for winding up or winding up order for a company under s465A?

 

FAQ 1 - How do I lodge a notice for publication on the website?

When you have previewed the draft notice and are happy that the information in it is accurate, you tick the box to acknowledge this and select the "Add to Cart" button. This will place the notice in the 'Checkout' tab.

You must agree to the 'Disclaimer' and then select 'Pay Now'. Publication occurs immediately if no payment is required, or else only when payment via your credit card has been successful.

You can check the notice has been published by looking at your 'Posted Notices' tab or searching for it by company name or ACN.

Further information on publishing notices can be found at the 'Drafting and publishing notices' section of the Quick Guide to Publishing Notices that can be downloaded from the FAQs 'Creating' tab.

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FAQ 2 - When do I lodge a notice?

For some notices, the Corporations Act 2001 sets out a statutory timeframe for publication.

Sometimes the website is temporarily unavailable due to technical issues outside our control. Therefore to minimise the risk that you do not comply with the requirements of the Act, we suggest that, where possible, you lodge your notice at least 24 hours before any statutory publication deadline.

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FAQ 3 - What time and date does the website record?

The website uses Australian Eastern Standard Time to determine the time and date of publication.

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FAQ 4 - Who is responsible for the accuracy of a notice?

You are responsible for the accuracy of all information contained in a notice you lodge for publication using your registered user account. You can replace a notice - see FAQ 6 below.

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FAQ 5 - How do I withdraw a notice?

Only ASIC can withdraw a notice after publication.

ASIC will not withdraw a published notice unless there are exceptional circumstances that warrant it being withdrawn.

You can send a request to ASIC by emailing PublishedNotices@asic.gov.au with a link to the notice.  ASIC will not withdraw a notice because of a simple spelling, grammatical or other typographical error. 

See FAQ 4 & 5 under 'Searching' for further details on winding up applications dismissed or withdrawn or notices of intention to deregister not actioned.

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FAQ 6 - I need to replace a published notice. What do I do?

If you need to replace a notice due to an error or because circumstances change, you lodge a new notice for publication.  From the 'Posted Notices' tab, use the 'Replace notice' function to create the amended notice.  Once published, the amended notice provides a link to the first notice so that interested parties are aware that the original notice has been superseded. If the original notice attracted a fee, you need to pay the fee for the amended notice as it is a new notice.

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FAQ 7 - I need to resume a meeting. What do I do?

On 1 September 2017 we introduced a notice of resumed meeting in accordance with Insolvency Practice Rule s75-140(6). To reconvene an adjourned meeting select this option.

Prior to 1 September 2017 a notice for a resumed meeting, was given using the same notice template used for the initial meeting and the special instructions section of the notice disclosed the meeting was a resumed meeting.

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FAQ 8 - Can I use ASIC's published notices website to publish notices to comply with State legislation? 

No.

You should review the relevant legislation and seek legal advice or contact the relevant regulator to resolve this issue.

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FAQ 9 - What is the timeframe for lodging a notice of application for winding up or winding up order for a company under s465A?

The Corporations Act 2001 and Corporations Regulations 2001 do not prescribe the time frame for publishing a Notice of application for winding up order or Notice of winding up order and appointment as liquidator/provisional liquidator.

The court rules require publication of these notices and gives timeframes. You may (but are not required to) have regard to those timeframes when considering when to publish a s465A notice on the website. 

Note: The Federal Court Rules were amended in 2012 to dispense with the requirement to publish certain notices in the print media. However, not all State Court rules have dispensed with the same requirement.  

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