Changing the date of a director resignation/removal
Where you notify us of a director cessation by lodging a Change to company details (Form 484), or Form 370 Notification by officeholder of resignation or retirement more than 28 days after the date a director ceased, we will amend the date of cessation to the date the notification was lodged with us.
If we have amended your cessation date because the notification to us was lodged more than 28 days from the effective date, you can apply to have this changed.
Apply to change your cessation date
You can submit a Form 502 Application to change the cessation date of a director, along with the applicable application fee, to change your cessation date if:
- a notification has already been submitted to ASIC ceasing you as a director using the Change to company details (Form 484), or Form 370 Notification by officeholder of resignation or retirement,
- your cessation date was changed by ASIC because the notification was lodged more than 28 days from the effective date, and
- the Form 502 Application to change the cessation date of a director would be received by us within 56 calendar days of the original cessation date you notified us of.
You cannot use a Form 502 Application to change the cessation date of a director to:
- Correct a date of cessation that was incorrectly entered into a Change to company details (Form 484), or Form 370 Notification by officeholder of resignation or retirement. Instead, a Form 492 Request for correction would need to be submitted,
- Apply to us to fix your cessation date if it has been more than 56 calendar days since the original cessation date you notified us of, or
- Notify ASIC of your cessation in place of lodging a Change to company details (Form 484), or Form 370 Notification by officeholder of resignation or retirement.
Apply to the Court to change your date of cessation
Applications to the Court should be made within 12 months of the original cessation date notified to us when you ceased as a director, unless the Court allows a longer period.
If a Court order is given, you must lodge notice of the Court order along with a Form 105 Cover page for an ‘office copy of a court order to Form.503.lodgements@asic.gov.au. This must be emailed to us within two business days of the Court order, otherwise late fees will apply.