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 time is recorded as the Lodging and Publishing time?
  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 - I used to use the Gazette to publish notices to comply with State legislation (for example the Associations Incorporation Act 2009 (NSW)) can I use ASIC's new website instead? 
  9. FAQ 9 - What is the timeframe for lodging a notice of application for winding up a company under s465A?

 

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

When you have reviewed the draft notice and are happy that the information in it is accurate, you tick the box to acknowledge this and select the "Pay now" button. This will place the notice in the shopping cart for payment.

The notice will be published only when payment has been successfully processed.

Further information on publishing insolvency notices, can be found at the 'Publishing notices' section of the website user guide (to be added).

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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.

We request that, where possible, you lodge your notice at least 24 hours before any statutory deadline  for publication to minimise the risk that you do not comply with the requirements of the Act because the website is temporarily unavailable due to technical issues.

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FAQ 3 - What time is recorded as the Lodging and Publishing time?

A notice lodged for publication before 12am Australian Eastern Standard Time will publish on that day.  Notices lodged after 12am will publish the following day.

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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 that you lodge.

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FAQ 5 - How do I withdraw a notice?

Only ASIC can withdraw a notice after it has been published.

A published notice will not be withdrawn by ASIC unless there are exceptional circumstances that warrant it being withdrawn.

You need to contact ASIC by sending an email request to the following address (insolvencypages@asic.gov.au). ASIC will not withdraw a notice because of a simple spelling or grammatical or other typographical error. 

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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 need to lodge a new notice for publication.  Please use the 'replace notice' function to create the amended notice.  This provides a link from the amended notice to the first notice so that interested parties are aware that the original notice has been superseded. 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?

To create a notice for a resumed meeting, select the same notice template used for the initial meeting and draft  a notice.  You should disclose in the special instructions section of the notice that the meeting is a resumed meeting of the previously adjourned meeting.

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FAQ 8 - I used to use the Gazette to publish notices to comply with State legislation (for example the Associations Incorporation Act 2009 (NSW)) can I use ASIC's new website instead? 

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 a company under s465A?

The Corporations Act 2001 and Corporations Regulations 2001 do not prescribe the time frame for publishing a notice of an application to wind up a company on the website.

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

Note: Until the court rules are amended, or dispensation from the publishing requirement in the rules is obtained from a court, the court rules still require publication in the print media.   

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