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On 29 September 2021, the Corporations (Director Identification Numbers – Transitional Application Period) Instrument 2021 was made with a commencement date of November 2021 requiring directors to apply for a Director Identification Number. Significant penalties apply to directors that fail to apply for a Director ID and action needs to be taken by all Australian directors.

The following covers the key changes to be aware of.

What is a Director Identification Number

A director ID is a unique identifier that identifies a director of a company. It will help with preventing the use of false identities, assisting regulators in tracing Directors’ relationships and uncovering unlawful activity.

Who will need a Director Identification Number

From 1 November 2021, all directors (or an alternate director who is acting in that capacity) of:

  • a company
  • Aboriginal and Torres Strait Islander corporation
  • corporate trustee, for example, of a self-managed super fund
  • charity or not-for-profit organisation that is a company or Aboriginal and Torres Strait Islander corporation
  • registered Australian body, for example, an incorporated association that is registered with the Australian Securities and Investments Commission (ASIC) and trades outside the state or territory in which it is incorporated
  • foreign company registered with ASIC and carrying on business in Australia (regardless of where you live).

must apply for a director ID online from the Australian Business Registry Services (ABRS) website and will be required to log in using the myGovID app.

When will you need a Director Identification Number

When a director is required to apply for a director ID will depend on the date that they became a director.

CORPORATIONS ACT DIRECTORS
 Date you became a director  Date you must apply
 On or before 31 October 2021  By 30 November 2022
 Between 1 November 2021 and 4 April 2022  Within 28 days of appointment
 From 5 April 2022  Before appointment

 

CATSI ACT DIRECTORS
 Date you became a director  Date you must apply
 On or before 31 October 2021  By 30 November 2022
 From 5 April 2022  Before appointment

How to apply for a Director Identification Number

The application for a DIN requires a director to verify their identity.

A director must complete the application themselves and cannot instruct an authorised agent such as an accountant or financial advisor to apply for a director ID on their behalf.

Additional information is available at:

You can apply for a DIN in three steps.

Step 1 – Set up myGovID You will need a standard or strong identity strength myGovID to apply for your director ID online.
Step 2 – Gather your documents You will need to have some information the ATO knows about you when you apply for your director ID:

  • your tax file number (TFN)
  • your residential address as held by the ATO
  • information from two documents to verify your identity

Examples of the documents you can use to verify your identity include:

  • bank account details
  • an ATO notice of assessment
  • super account details
  • a dividend statement
  • a Centrelink payment summary
  • PAYG payment summary.
Step 3 – Complete your application Once you have a standard or strong identity strength myGovID, and your documents, from November 2021 you can log in here and apply for your director ID. The application process should take less than 5 minutes.

For more information on how to apply for a director ID visit: https://www.abrs.gov.au/director-identification-number/apply-director-identification-numb

Director of a company – your obligations

As a director of a company, you have an obligation to:

  • apply for a director ID within the relevant timeframe
  • applying for a director ID when directed by the Registrar to do so
  • not apply for more than one director ID (unless directed by the Registrar to do so)
  • not misrepresent your director ID to a Commonwealth body, company, registered Australian body or Aboriginal and Torres Strait Islander corporation
  • not being involved in a breach of the above director ID obligations.

A director can apply for an extension if they are unable to apply for a director ID within the relevant timeframe.

If a director does not meet their director ID obligations:

  • there may be civil or criminal penalties
  • they may be issued with an infringement notice.

For more information on who needs to apply and when to apply for a director ID visit: https://www.abrs.gov.au/director-identification-number/who-needs-apply-and-when.

 

Please note: the above does not constitute legal advice. There is no substitute for tailored legal advice for your individual circumstances. Irish Bentley Lawyers is able to assist with advice on corporate duties and obligations and please do not hesitate to contact our friendly team at mail@irishbentley.com.au or on 07 3229 4060.

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