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A Notice of Proposal to Strike Off is an official warning from ASIC (Australian Securities and Investments Commission) that they plan to remove a company from their register. ASIC sends this notice when they believe a company has stopped operating or isn't fulfilling its legal obligations, like paying fees or submitting annual reports.

The notice gives company directors two months to respond and prove their business is still active. If nobody objects during this period, ASIC will deregister the company, which means it can no longer legally operate, own property, or continue business activities in Australia. This process helps ASIC maintain an accurate register of active companies.

ASIC issues a Notice of Proposal to Strike Off when companies stop meeting their basic obligations. Common triggers include failing to pay annual review fees, not responding to formal ASIC communications, or not submitting required financial reports for over 18 months. The notice also applies when ASIC has reasonable grounds to believe a company is no longer in business.

Directors and creditors need to act quickly when receiving this notice. For active companies, it's crucial to respond within the two-month window by updating all company records, paying outstanding fees, and submitting required documentation. Ignoring the notice leads to automatic deregistration, making it much more complex and expensive to reinstate the company later.

• ASIC Form 6031A: The standard notice sent to company addresses when ASIC initiates the strike-off process
• Gazette Notice: The public announcement published in the ASIC Gazette, alerting creditors and other stakeholders
• Final Strike-Off Notice: The conclusive notice issued after the two-month objection period ends, confirming deregistration
• Reinstatement Application Notice: Used when seeking to restore a company after it has been struck off
• International Branch Notice: Specific variation for foreign companies with registered Australian operations facing strike-off

• ASIC: Issues the notice when companies fail to meet obligations, manages the strike-off process, and maintains the company register
• Company Directors: Primary recipients who must respond to prevent deregistration by updating records or proving active status
• Creditors: May object to the strike-off if they have outstanding claims against the company
• Corporate Lawyers: Assist companies in responding to notices or handling reinstatement applications
• Liquidators: May need to address these notices when winding up companies or managing insolvency proceedings

• Company Details: Gather ACN/ABN, registered office address, and current director information from ASIC records
• Compliance History: Document missed annual reviews, unpaid fees, or other regulatory breaches triggering the notice
• Communication Records: Compile evidence of previous attempts to contact the company
• Financial Status: Check for outstanding ASIC fees, recent transactions, or property ownership
• Stakeholder Information: List known creditors and other parties who may need notification
• Timeline Planning: Set key dates for the two-month objection period and final deregistration

• Company Identifiers: Full legal name, ACN/ABN, and registered office address
• Legal Grounds: Specific reasons for proposed deregistration under Corporations Act 2001
• Response Period: Clear statement of the two-month objection timeframe and deadline
• Required Actions: Steps the company must take to prevent strike-off
• ASIC Authority: Reference to ASIC's power to deregister under Section 601AA
• Consequences: Statement explaining effects of deregistration on company assets and operations
• Contact Details: ASIC contact information for queries or objections

A Notice of Proposal to Strike Off differs significantly from a Notice of Default in both purpose and consequences. While both are formal notifications of non-compliance, they operate in distinct legal contexts and trigger different outcomes.

• Legal Authority: A Notice of Proposal to Strike Off comes exclusively from ASIC under the Corporations Act, while a Notice of Default can be issued by various parties for contractual breaches
• Scope of Impact: Strike-off notices affect the company's very existence and can lead to deregistration, whereas default notices typically address specific contractual obligations or payment issues
• Response Timeline: Strike-off notices give a strict two-month window to respond, while default notices usually offer variable remedy periods based on the contract terms
• Resolution Options: Strike-off requires proving active status and regulatory compliance, while default notices can often be resolved through payment or specific performance of obligations