Your ongoing obligations and compliance as a registered liquidator
As a registered liquidator, you must comply with ongoing statutory obligations.
You must, on an ongoing basis:
- perform adequately and properly the duties and functions of a registered liquidator
- remain a fit and proper person to be registered
- maintain adequate and appropriate professional indemnity and fidelity insurance
- undertake a minimum level of continuing professional education
- comply with any current condition imposed on your registration
- practise within your limited registration (if applicable)
- not become a disqualified person
- not become an insolvent under administration, and
- remain a resident in Australia.
You also have specific obligations relating to lodging forms relating to your registration (including annual returns and tri-annual renewal applications) and notifying ASIC of certain ‘significant events’ and certain ‘other event’s’.
This is not an exhaustive list of your obligations. You must comply with the Corporations Act 2001 and any other applicable federal, state or territory laws.
Find out more about in Regulatory Guide 258 Registered liquidators: Registration, disciplinary actions and insurance requirements (RG 258).
Reporting matters and lodging documents
Find out more about reporting on possible director misconduct requirements for liquidators in Regulatory Guide 16 External administrators: reporting and lodging (RG 16)
For lodgement of documents more generally, see INFO 29 External administration - most commonly lodged forms.
Lodge forms online via Regulatory portal
Registered liquidators are required to lodge statutory reports prepared under sections 422, 438D and 533 of the Corporations Act 2001 and Regulation 5.5.05 of the Corporations Regulations 2001 via the ASIC Regulatory Portal. Lodging online is quick, simple and streamlined.
The Regulatory Portal replaced previous lodgement channels for these transactions. For more information about this change, see Registered liquidators transactions on the ASIC Regulatory Portal.
Guides to using the online portal
Help in obtaining books, records and ROCAP
You can get help from ASIC if officers or third parties do not hand over company books and records or directors do not submit a ROCAP (Report on Company Activities and Property).
Other relevant information
Assetless Administration Fund
If you are appointed in a creditors’ voluntary or court-ordered winding up and have limited assets or funds, you can seek funding from the Assetless Administration Fund to carry out an investigation and prepare an insolvency supplementary report. See Assetless Administration Fund for more information.
Deeds of company arrangement involving a creditors’ trust
If you are appointed under Part 5.3A as a voluntary administrator or deed administrator where the adoption of a creditors’ trust is proposed or entered into, read our Regulatory Guide 82 External Administration: Deeds of company arrangement involving a creditors trust (RG 82).
Financial reporting and AGMs
Relief is available for externally administered companies and registered schemes from financial reporting obligations and having to hold an annual general meeting. Read Regulatory Guide 174 Externally administered companies: Financial reporting and AGMs (RG 174).
Lodging unclaimed property with ASIC
Liquidators must send records and money to ASIC under 544 of the Corporations Act.
See more details about lodging unclaimed property with ASIC.
Related information
- Apply to be a registered liquidator
- Update your details with ASIC
- Cancel or suspend your liquidator registration
- INFO 258 Continuing professional education requirements for registered liquidators
- Insolvency: Regulatory resources and news