You must obtain a director identification (ID) number before 30 November 2022. If you don’t, it’s a criminal offense, you may be fined up to $13,200 and imprisoned for up to a year.
This is a recently introduced compulsory identification number that a director must apply for once and keep forever. You need one if you're a director of:
An Australian company, including the corporate trustee of a self-managed super fund (SMSF).
A registered Australian body.
A registered foreign company.
An Aboriginal and Torres Strait Islander corporation.
How can I get a director ID number and avoid a fine?
The quickest and easiest way is using myGovID - which is different from myGov. You will need to have certain forms of ID with you if your myGovID identity strength isn’t strong enough. See https://www.abrs.gov.au/ for further details and to apply online. There is no application fee payable for a director ID number.
What is the purpose of the director ID number?
The intention of the director ID number is that it will help the government track directors across different companies and prevent the use of fraudulent identities and other deception such as illegal phoenix activity by people who control Australian companies. Currently, Australian Business Registry Services (ABRS) administer the director ID number scheme and the Australian Securities and Investments Commission (ASIC) are responsible for enforcement - including following up directors who are non-compliant.
If you are a member of a SMSF with a corporate trustee, then you must be a director of that company and therefore need to obtain a director ID number. Check with your accountant or call us if you are a member of a SMFS and unsure if you are a director.
If you are not an Australian resident and/or do not have sufficient identification documents to use myGovID you may need to make a postal application. In that case you should contact us urgently to assist you.
Call us for advice if you are in any doubt at all:
(a) As to whether you may be a company director.
(b) About your obligations concerning a director ID number.
What if I miss the deadline?
We suggest that you contact ABRS and/ or ASIC urgently to discuss your situation.
Longton Legal assists company directors with all compliance and legal issues, including the director ID number. Contact our Property and Commercial Team today if you are or may be a company direction and need any advice or assistance
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
Partner | Accredited Commercial Litigation Specialist NSW
Partner | Public Notary
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