VIC Debt owed to company currently in process of being struck off by ASIC

[TOPNEW]

There is a debt currently owed to a company in the way of outstanding rent (deferred rent due to pandemic) on a commercial lease. This company is currently in the process of being struck off by ASIC (voluntary strike off by directors) as they have sold the commercial premises and the creditor has now requested I pay the rent into a different company account.

Is this legal considering that the creditor company no longer exists? The payments are inclusive of GST, how do i claim the gst? Is the contract to pay the deferred rent still valid?

 

[Tim W]

Might depend on why it's being deregistered.
For example, if it's in administration, and heading for liquidation, that's one thing.
But if they're just phoenixing it, then that's a whole other ballpark.

 

[TOPNEW]

I believe the directors are in dispute and have decided to wind down the company

 

[Tim W]

Does the company still exist, or has it actually been formally wound up and deregistered?

Further, is the account into which you are being asked to pay this outstanding rent
an account of a different entity, or just "same company, new bank account' ?

 

[Raymal]

Does the company still exist, or has it actually been formally wound up and deregistered?

Further, is the account into which you are being asked to pay this outstanding rent
an account of a different entity, or just "same company, new bank account' ?

Company in process of being struck off, I believe process takes 2 months for asic to formally deregistered to allow time for any potential creditors to be notified. The rent is being paid to a different entity.

 

[Falcongirl]

It's 2 months from the time of lodgement of the form 6010 until the company deregister. In the mean time it sounds like the company may have onsold the debt to other company. Is that what has happened here?

 

[Raymal]

The director of the company about to be struck off has requested we deposit the deffered rent into another company account of which he is a director of. Ie different entity same director. We are paying gst on the rent but have only ever been given a tax invoice from the entity about to be deregistered.

 

[Falcongirl]

You said the commercial property has sold. Has the new company you are to pay the rent to taken over from the company in strike off? Do you have any thing in writing directing you to pay to the new entity?

I be inclined not to pay anything and let the company deregister. Once it's deregistered it becomes very difficult for a deregistered company to enforce payment.

 

[Raymal]

The new landlord is in no way affiliated with the old landlord. We are paying current rent to new landlord with a tax invoice issued monthly. Once the company becomes deregistered can the deregistered company transfer the debt to his new company?

 

[Falcongirl]

Company can transfer debts - sometimes they 'sell' debts on to other companies who specialise in debt recovery.

You saying that the rent is current: that statement would suggest that the landlord has changed. Has the lease been updated?