Clause 164

Subject to such conditions as may be prescribed, a director or member of a foreign company whose name has been struck off the register under section 377(9) or (10) may apply to the Registrar to restore the name of the company to the register.(2) An application under this section is not valid unless the application is received by the Registrar within 6 years after the date on which the name of the foreign company is struck off the register.Registrar’s decision on application for administrative restoration of foreign company377B.—

The Registrar shall give notice to the applicant of the decision on an application under section 377A.(2) If the Registrar’s decision is that the name of the foreign company should be restored to the register, the name of the company shall be restored to the register on the date on which notice is sent (referred to in this section as the restoration date).(3) The Registrar shall —

enter in the register a note of the restoration date; and

cause notice of the restoration to be published in the Gazette and on the Authority’s website.(4) The notice under subsection (3)(b) shall state —

the name of the foreign company or, if the company is restored to the register under a different name, that name and its former name;

the unique entity number of the foreign company issued by the Registrar; and

the restoration date.(5) If the Registrar’s decision is that the name of the foreign company should not be restored to the register, the person who made the application under section 377A or any other person aggrieved by the decision of the Registrar, may appeal to the Court.(6) On an appeal made under subsection (5), the Court may —

confirm the Registrar’s decision; or

restore the name of the foreign company to the register and give such directions and make such orders as the Court is empowered to give and make under section 377D(3).Registrar may restore foreign company deregistered by mistake377C.—

The Registrar may, on his own initiative, restore the name of a foreign company to the register if he is satisfied that the name of the company has been struck off the register under section 377(9) or (10) as a result of a mistake of the Registrar.(2) In subsection (1), a reference to a mistake of the Registrar excludes a mistake that is made on the basis of wrong, false or misleading information given by an applicant in connection with an application for striking the name of the foreign company off the register under section 377(10).(3) The Registrar may restore the name of a foreign company to the register by publishing in the Gazette and on the Authority’s website a notice declaring the restoration, and the restoration takes effect on the date of publication of the notice.Effect of restoration of foreign company377D.—

If the name of a foreign company is restored to the register under section 377B(2) or 377C, or on appeal to the Court under section 377B(5), the company is to be regarded as having continued its registration under this Act as if the name of the company had not been struck off the register.(2) The foreign company, its directors or equivalent persons, and authorised representatives are not liable to a penalty under section 373(18) for a financial year in relation to which the period for filing its balance‑sheet, cash flow statement, profit and loss statement and other related documents ended —

after the date on which the name of the company was struck off the register; and

before the restoration of the name of the company to the register.(3) On the application by any person, the Court may give directions and make orders, as seem just for placing the foreign company and all other persons in the same position (as nearly as may be) as if the name of the company had not been struck off the register.(4) An application to the Court for such directions or orders may be made any time within 3 years after the date of restoration of the name of the foreign company to the register.”.