[COM 602] Deregistration — voluntary602 

602

(1) An application to deregister a company may be lodged with the Registrar using the prescribed form by—

• (a)the company;
• (b)a director or member of the company; or
• (c)a liquidator of the company.

(2) If the company lodges the application, it must nominate a person to be given notice of the deregistration.

(3) A person may apply only if—

• (a)all the members of the company resolve to deregister the company;
• (b)the company is not carrying on business;
• (c)the company’s assets are worth less than $1,000;
• (d)the company has paid all fees and penalties payable under this Act;
• (e)the company has no outstanding liabilities; and
• (f)the company is not a party to any legal proceedings.

(4) The applicant must give the Registrar any information that the Registrar requests about the current and former officers of the company.

(5) If the Registrar is not aware of any failure to comply with subsections (1) and (3), it must give notice of the proposed deregistration—

• (a)on the register of companies maintained by the Registrar (including the date on which the notice was issued);
• (b)in a newspaper published and circulating in Fiji; and
• (c)in the Gazette.

(6) When 2 months have passed since the Gazette notice, the Registrar may deregister the company.

(7) The Registrar must give notice of the deregistration to—

• (a)the applicant; or
• (b)the person nominated in the application to be given the notice.

(8) It is not necessary for the company to confirm receipt of the notice of the proposed deregistration in order for the deregistration to proceed.