Document ID: chunk:federal_register_of_legislation:C2025C00185:section:601cl:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 601CL (pt 2/3)
Character Range: 2233091–2235666

company's name to be restored to the register.
 (10) If, on an application under subsection (9), the Court is satisfied that:
 (a) at the time of the striking off, the foreign company was carrying on business in this jurisdiction; or
 (b) it is otherwise just for the foreign company's name to be restored to the register;
the Court may, by order:
 (c) direct the foreign company's name to be restored to the register; and
 (d) give such directions, and make such provision, as it thinks just for placing the foreign company and all other persons in the same position, as nearly as practicable, as if the foreign company's name had never been struck off.
 (11) On the lodging of an office copy of an order under subsection (10), the foreign company's name is taken never to have been struck off.
 (12) Where a foreign company's name is restored to the register under subsection (8) or (10), ASIC must cause notice of that fact to be published in the Gazette.
 (13) Where a foreign company ceases to be registered under this Division, an obligation to lodge a document that this Act imposes on the foreign company by virtue of the doing of an act or thing, or the occurrence of an event, at or before the time when the foreign company so ceased, being an obligation not discharged at or before that time, continues to apply in relation to the foreign company even if the period prescribed for lodging the document has not ended at or before that time.
 (14) Where a registered foreign company commences to be wound up, or is dissolved or deregistered, in its place of origin:
 (a) each person who, on the day when the winding up proceedings began, was a local agent of the foreign company must, within the period of 1 month after that day or within that period as extended by ASIC in special circumstances, lodge or cause to be lodged notice of that fact and, when a liquidator is appointed, notice of the appointment; and
 (b) the Court must, on application by the person who is the liquidator for the foreign company's place of origin, or by ASIC, appoint a liquidator of the foreign company.
 (15) A liquidator of a registered foreign company who is appointed by the Court:
 (a) must, before any distribution of the foreign company's property is made, by a notice published in accordance with subsection 601CLA(1), invite all creditors to make their claims against the foreign company within a reasonable time before the distribution; and
 (b) must not, without obtaining an order of the Court, pay out a creditor of the foreign company to the exclusion of another creditor