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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44644
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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If a Pty Ltd company I did business for stops trading and

Customer Question

If a Pty Ltd company I did business for stops trading and deregisters, I assume there is no way I can recover money for unpaid invoices?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

Unless you have a guarantee from the director that they will pay, you will not be able to claim from a deregistered company unless you can convince ASIC to reregister the company.

I hope this makes sense and is of assistance If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 1 year ago.
Even if they were registered again, as there is no personal director guarantee I believe I would still not be able to force payment.
Expert:  Leon replied 1 year ago.

Good Morning.

If they are registered again you can chase them. It is only if they are deregistered that you cannot.

If you do not have a guarantee from the director then you can only sue the company.

But is has to be registered.

Customer: replied 1 year ago.
Last query: But if the company has no assets then I would not get anything by sueing it. The director doesn't have to pay personally does he?
Expert:  Leon replied 1 year ago.

If it has no assets and you can show that the director was aware that it had no money and kept trading then they can be liable for trading whilst insolvent. You will need to access their records and have an auditor look at them and tell you what the position was.