What is changing?
Changes are being made to the requirements of applying for a director ID with these coming into play from 5th of April. The change will see a shift from the current transitional period where many directors have 28 days for the date of appointment as a director to obtain their director ID to now the time frame you need to apply for a director ID is dependent on the date you become a director.
What more do I need to know?
Director IDs can be applied for online through the myGovID app. For those who do not have access to the internet, or are overseas, they can apply for their director ID by phone or by paper form. More information about setting up your myGovID and the process to obtain a director ID can be found here.
As of March 2022, the ABRS estimates that 330,000 directors have applied for their director ID and, while this is progress, it is imperative that your clients who intend to be, or already are a director, adhere to the requirement to have their director ID before the respective deadlines. The table below outlines the statutory required timeframes:
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 |
Who is responsible?
The onus is on the director to apply for their own director ID however advisers are expected to educate clients about the requirement to apply and have their ID in pace.
advisers should ensure that each person being appointed as a director has their director ID within the statutory timeframes, whether it be to a new or existing company.
Penalties
Failure to obtain a director ID prior to being appointed as a director, or within the required timeframe for existing directors, is a strict liability offence. Fines as high as $13,200 may be imposed for the criminal offence, and up to $1,100,000 if the court deems it appropriate to apply a civil penalty.
If you have any queries or question about applying for a Directors ID or the timeframe for your circumstance you can visit the Australian Business Registry Services resource here or contact us here at WWNSW Sydney to assist.