Old Tenant Using my Commercial Property address as trading address?

[willister]

Hi,

How do I get rid of this on their ASIC records? They have claimed to have gone belly up since Oct 13. Moved out of premise owning me money for 4 months but thats another story....New tenants are fed up with sending mail back to sender and getting the odd appearance of debt collectors at doors.

Thanks.

 

[Terry_w]

Hi,

How do I get rid of this on their ASIC records? They have claimed to have gone belly up since Oct 13. Moved out of premise owning me money for 4 months but thats another story....New tenants are fed up with sending mail back to sender and getting the odd appearance of debt collectors at doors.

Thanks.

Get on to the liquidator and go to ASIC website and find the form which allows you to withdraw consent to use address as registered office.

 

[Paul@PFI]

I agree - advise the liquidator. s142 of the Corporations Act requires that the address be updated within 28 days. That responsibility is for the liquidiator IF ONE IS APPTD. (??)

If not, good luck. Do a ASIC free search and see if its being liquidated (LIQN). You will have to pay a small fee for a search to find out who the liquidator is or use google. If not contact ASIC and advise them of the concern and misuse of your address. They may send a letter to you to confirm that (Your address is the reg Office and that where all notices must be sent!). Ask ASIC to take action against the Secretary / Director. You will need to explain to ASIC when your consent was withdrawn. (ie more than 28 days earlier as a min). There is no prescribed form for you to revoke consent. A letter addressed to the company will suffice.

The sole prescribed form is the Form 484 used to update ASIC records. You cant sign it. Dont bother - Thats the liquidator or Director responsibility.

The Co Sec or a Director can be fined for non-compliance with s142. It is a criminal offence The strict liability puts the onus onto mistake by ASIC or its considered proven as there is unlikely to be any other defence (s6.1 Criminal Code 1995) Ask ASIC to impose a penalty. Its unlikely. They may commence action to wind it up which goes on that persons credit records !!!!