If you have found a name on ASIC's unclaimed money search that is relevant to you and the money is in the name of a deregistered company, you can claim it through ASIC.
Find out more about the effects of deregistration on the ASIC website.
Deregistered companies may need to be reinstated to claim
If you have found a record on an unclaimed money search in the name of a deregistered company, consider reinstating the company. ASIC may request reinstatement to claim the company money.
If the costs of reinstatement are more than the funds held by ASIC, or if the amount held is of low value, ASIC may consider a claim if:
- the company was solvent at the time of deregistration, and
- the company did not owe any creditors and did not have any security interests registered on the Personal Property and Securities Register
ASIC assesses claims on a case-by-case basis. If this applies, all former shareholders should make a claim by completing this Statutory declaration for claims by shareholders of deregistered companies and provide the requested documentation.
Do not complete this statutory declaration if:
- The company was in a court ordered or creditor's voluntary liquidation before it was deregistered. To be able to claim the funds, you will need to arrange for the company to be reinstated and a liquidator appointed to distribute the funds.
- The company was acting as trustee for a trust or superannuation fund.
Claim money owed to a deregistered company acting as trustee for a trust or superannuation fund
To claim money in the name of a deregistered company acting as trustee for a trust or superannuation fund, there are a number of considerations as to who can make a claim.
The superannuation fund must be registered as a complying fund with the Australian Taxation Office before we can pay the money to the trustee of the superannuation fund. Visit Super Fund Lookup to check the status of the superannuation fund.
The circumstances will determine which claim process to follow.
Option 1: A new trustee was appointed before the company was deregistered
The new trustee can submit a claim following this process.
Step 1. Record your Original Transaction Number (OTN)
Each record of unclaimed money will display a unique Original Transaction Number (OTN) relating to your claim. Note down the Original Transaction Number (OTN) as you will need to quote it on the claim form.
Step 2. Complete the claim form
If you are claiming the money as the trustee of a superannuation fund or trust fund, download the Claim Form B - Representative. You will also need to complete and submit a deed of indemnity form.
Step 3: Gather the required supporting documents
You will need to give ASIC specific documents when you lodge a claim. See proof of ownership for unclaimed money.
Step 4. Send the claim form and documents to ASIC
Send the claim form and documents to ASIC as per the instructions on page 1 of your claim form.
Step 5. ASIC processes your claim
Once we receive your claim with the correct documentation, it will take about 60 days to process.
Option 2: The trust or superannuation fund is still operating but a new trustee has not been appointed
You will need to reinstate the company as the trust or superannuation fund cannot operate without a trustee.
Refer to the ASIC Regulatory Guide 83 which has information on what to supply when reinstating a company.
When the company is reinstated, you can complete the Claim form B - Representative and complete a deed of indemnity form, following the steps in Option 1.
Option 3: The trust or the superannuation fund has been wound up
You need to provide information so we can ascertain the possible beneficiaries of the trust/superannuation fund. Please email the following information to [email protected]
- name of the deregistered company
- ACN of the deregistered company
- name of the trust or superannuation fund
- ABN of the trust or superannuation fund
- Original Transaction Number (OTN) from the unclaimed money search
- written statement advising that the trust has vested or the superannuation fund has been wound up
- list of all beneficiaries of the trust. If the funds held by ASIC relate to a superannuation fund, list all of the beneficiaries and whether they have reached the preservation age
- certified copy of the trust deed for the trust/superannuation fund
- certified copy of any amendments to the trust/superannuation fund
- certified copy of the final tax return lodged with the ATO. The final tax return needs to show the trust or super fund has been wound up. You can request a copy from the ATO.
- certified copies of all winding up documents (e.g. minutes of the meeting held by the trustee, bank statements or documentation detailing the distribution of the trust assets)
If you have difficulty locating these documents, you may wish to contact your accountant, financial adviser or financial institution where the trust or super fund bank account was held.
We will review the information you supply and provide further information on how to claim.
When ASIC receives money from deregistered company bank accounts
Banks may submit bank accounts to ASIC that were held in the name of a deregistered company. If your deregistered company name does not appear when you do an unclaimed money search, ASIC has not yet received the funds.
It is the responsibility of the bank to remit the funds to ASIC. Please contact your bank to find out when they are going to send the funds to ASIC.
ASIC's records are updated daily, so please continue to check for the deregistered company money.
For more information, see deregistered company bank accounts on the ASIC website.
Help with deregistered company claims
If you are unsure whether to complete the statutory declaration or reinstate the company, please email or write to ASIC:
Unclaimed Money Unit
ASIC
GPO Box 9827, Melbourne VIC 3001
Email: [email protected]
Please give us the following details:
- name of the deregistered company and the ACN
- Original Transaction Number (OTN) from the unclaimed money search
- name and contact information for former members (current address details).
- reasons why you think you don't need to reinstate your company
To find out more about how ASIC serves you, read more about ASIC's service charter.
Purchasing property registered in the name of a deregistered company
If you are interested in purchasing property registered in the name of a deregistered company, you can apply to the ASIC Property Law Group. For more information, see list of property to purchase on application to ASIC.
How to claim money owed to a deregistered business
If you have found a record in the name of a deregistered business, the former proprietors of the business at the time of deregistration may be entitled to claim.
Please email [email protected] providing the following information:
- details of the record being claimed, including the OTN (original transaction number)
- verification of former proprietors of the deregistered business (e.g. business name extract at the time of deregistration)