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Companies

Motor vehicles registered in the name of a deregistered company

A motor vehicle is generally defined to be a car, truck, tractor, caravan or trailer that can be driven or towed on a public road. A motor vehicle must be capable of identification by a motor vehicle identification number (VIN), chassis number or manufacturer’s number.

Possession of the Motor Vehicle

While the motor vehicle may be registered in the deregistered company’s name, registration of itself is not sufficient proof of ownership.

ASIC's general position is that the party in possession of the motor vehicle is likely to be the owner. This is because the party in possession rather than ASIC is exercising management and control over the motor vehicle.

As a third-party ASIC has no knowledge of whether the motor vehicle was ever company property or merely registered in the company's name. Further, if it was company property, ASIC usually has no knowledge as to whether the company dealt with the motor vehicle prior to deregistration and as a result whether another party has a claim to the motor vehicle.

Generally, ASIC:

  • does not assert any entitlement to a motor vehicle registered in the name of a deregistered company; and
  • has no objection to the party in possession dealing with or lawfully disposing of the motor vehicle as required; and if the circumstances arise
  • has no objection to the relevant State Department of Transport registering the motor vehicle in the name of another party.

Registration of a Motor Vehicle

If a motor vehicle is registered in the name of a deregistered company, the registration is no longer valid. Once a company is deregistered, it ceases to exist as a legal entity and cannot legally own or register a motor vehicle.

The registration must either be transferred to a legal entity (such as an individual or another company that is still registered) or cancelled with the relevant State or Territory registration authority.

You should seek your own legal advice about your rights, responsibilities and options in relation to the motor vehicle, which may include reinstatement of the company.

This is only a general guide as to ASIC's approach to the property and rights that pass to ASIC and the Commonwealth on deregistration of a company. This document does not represent legal advice and should not be interpreted as such. Each application or enquiry will be considered on its facts and decided on its individual merits, based on all the information available to ASIC at the time. We encourage you to seek your own professional advice to find out how the law applying to deregistered companies affects your individual circumstances.