Removal – Deregister (de-register, deregistration)
Verne services and functions support voluntary and involuntary dissolution/removal or cancellation. Business services can be made available to users to request dissolution or removal from the register. Depending on legislative requirements dissolution may not be immediate as an objection period may apply.
Compliance routines can be set up to automatically remove entities due to non-compliance, for example failure to file annual returns. Reminder notifications and notices of intent to dissolve will usually be sent to interested parties before removing an entity from the register.
Entities may also be removed automatically due to mergers or amalgamations, for further details on amalgamations refer to Manage Amalgamations.
Verne allows suspension of the removal process, where an objection is received and the registrar determines the objection is valid and the entity should not be removed unless and until the basis of the objection no longer applies.
Any information provided by the solution regarding a dissolved entity will henceforth state that it is dissolved. On receiving a Statement of Intent to Dissolve, Verne will issue:
- a Certificate of Intent to Dissolve;
- a notice to be sent to each known creditor and;
- a notice for publication.
A tax clearance certificate is normally required before proceeding with dissolution, and Verne allows upload and verification on receipt of this certificate.
Where a Notice of Dissolution has been submitted and approved (whether or not preceded by a Statement of Intent to Dissolve), Verne will generate a Certificate of Dissolution. The company ceases to exist as from the date of the certificate.
Any information provided by the solution regarding a dissolved company will henceforth state that it is dissolved.
Verne also allows for the restoration of an entity after it has been removed from the register.
Restoration – Reinstate Entity
Verne provides services that allow an entity to be reinstated or restored to the register following deregistration. Business rules can control under what circumstances an entity can be reinstated. Verne also provides an internal only service that allows an internal user with the appropriate permissions to change the status of an entity.
For example, users can apply to restore a company removed from the registry for failure to file its annual return that may have been removed through the automated compliance process.
Verne can be configured to capture specific data items as part of the restoration process, including specific supporting documents. The required data for restoration will be defined through the prescribed restoration form and will be configured within the Verne restoration business service e.g. grounds for restoration, applicant details etc.
An authorised internal user can restore a deregistered entity. The Registrar will usually have the capability afforded through the appropriate back office functions to directly restore an entity. All changes made against an entity are audited with the appropriate reason for change.
Restoration of an entity will subject the entity name to the same checks applied at the time of initial registration. This can include checking the name against rules based on name structure, uniqueness and restricted words. The name checks can be extended to search against other Verne registers as required.
Manage Amalgamations
Verne supports the amalgamation of two or more entities into a single entity. The Verne amalgamation service is often performed in the context of the surviving entity and allows for the identification of one or more non-surviving entities. The status of the non-surviving entities will be updated to indicate they have been amalgamated and removed from the register. A ‘filing’ can be generated for each non-surviving entity showing the change of status. Refer to Maintain Register Details section for further details regarding entity filings.
Objections
Verne will provide a business service to support an objection to deregistration. The objection period and compliance actions will be defined through the implementation process.
Verne allows an external user to raise an objection to certain events within the register including de-registrations and restoration. The objection process will be configured in conjunction with the compliance regimes that may be defined for each entity.
Verne allows suspension of the compliance process, where an objection is received and the registrar determines the objection is valid and the entity compliance action should not proceed unless and until the basis of the objection no longer applies.
Authenticated (i.e. not anonymous) users can raise an objection using an online Verne form. Raising an objection in this way triggers a workflow within Verne. The objection process will be configured in conjunction with the compliance regimes that may be defined for each entity.
Objection and extension tasks are processed through the Verne task list. The appropriate business services will be configured for internal review by registry staff.
The Registrar can initiate an objection internally through the use of the standard objection business service. The Registrar can also manually withdraw an objection. The Registrar has the ability to create, approve, reject or withdraw an objection.
