Deregistration and Reinstatement of Companies and Schemes

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.

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ISBN/ISSN: 9780409334371

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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.