Don’t miss the deadline! Director Identification Numbers registration deadline fast approaching. Top 8 Questions answered

All directors regulated by ASIC and registered under the Corporations Act that were appointed on or before 31 October 2021 have until 30 November 2022 to apply for a DIN.

Directors that do not apply for a DIN by the deadline may face significant fines for non-compliance.

What is a DIN?

A Director Identification Number (DIN) is a unique 15-digit identifier given to a current or future director after their identity has been verified with ABRS.

Once a DIN is issued to a director, it is recorded in the Australian Business Registry Services (ABRS) register and it will stay with the director for life.

The DIN is an initiative of the Federal Government under its Modernising Business Registers program and aims to create a fairer business environment by creating greater confidence in directors’ identities. This helps to prevent false and fraudulent director identities and allows earlier identification of director involvement in unlawful practices, such as illegal phoenix activity.

Who needs a DIN?

You need a DIN if you are a director or acting as an alternate director of:

• a company, registered Australian body, foreign company registered under the Corporations Act 2001 (Cth) (Corporations Act)

• an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI).

You don't need a DIN if you are a company secretary, acting as an external administrator or running a business as a sole trader or partnership.

When do I need to apply?

When people must apply for their director ID depends on when they first become a director.

Corporations Act directors

The deadlines in the following table apply to directors of companies regulated by ASIC and registered under the Corporations Act.

Date of appointment	When you need a DIN
Directors appointed on or before 31 October 2021	On or before 30 November 2022
Directors appointed for the first time between 1 November 2021 and 4 April 2022	28 days after the date of appointment
Directors appointed for the first time from 5 April 2022	Before the date of appointment

 

CATSI Act directors

Directors of companies regulated by the Office of the Registrar of Indigenous Corporations and registered under the CATSI Act have a different time frame in which to apply.

For CATSI directors, deadlines in the following table apply.

Date of appointment	When you need a DIN
Directors appointed on or before 31 October 2022	On or before 30 November 2023
New directors appointed on and from 1 November 2022	Before the date of appointment

 

How do I apply for a DIN?

Directors can apply for a DIN by:

1. logging into ABRS online using the myGovID app (this is different from the myGov website)

2. phone

3. paper form.

The quickest way to apply is by using the online application form. The form takes minutes to complete and the DIN is issued instantly. It is free to apply for a DIN and available to directors residing within Australia and overseas.

For further details on how to apply for a DIN and what documents you will need as part of the application process, see our previous article Director Identification Number now required.

Are there any changes to company notification requirements?

No. The DIN requirement does not change existing requirements to keep company records updated. For instance, directors must still notify their company of any changes in address or other details. Companies are still required to notify ASIC of any changes for the public record.

Am I required to provide my DIN to ASIC or other companies?

Currently there is no requirement to provide your DIN to ASIC or to the companies you’re a director of.

What are the DIN offences and penalties?

It is a criminal and civil offence if you do not apply for a DIN on time. 

ASIC is responsible for enforcing DIN offences. A summary of DIN offences and the maximum penalty for individuals is set out in the table below.

Offence	Maximum penalty for individuals
Failure to have a director ID when required to do so (s1272C of Corporations Act)	$13,200 (criminal); $1,100,000 (civil)
Failure to apply for a director ID when directed by the Registrar (s1272D of Corporations Act)	$13,200 (criminal); $1,100,000 (civil)
Applying for multiple director IDs (s1272G of Corporations Act)	$26,640, 1 year imprisonment or both (criminal); $1,100,000 (civil)
Misrepresenting director ID (s1272H of Corporations Act)	$26,640, 1 year imprisonment or both (criminal); $1,100,000 (civil)

 

Can I request an extension to apply?

It is possible to request an extension if you are unable to apply for a DIN by the deadline.

If you intend to apply for an extension, you will need to complete the ABRS form Application for an extension of time to apply for a Director ID. To reduce delays in the ABRS considering an application for an extension, it is recommended you attach any supporting documentation to the application form.

 

For further information about DINs, see the ABRS website or contact the Bartier Perry team.

 

Authors: Samantha Pacchiarotta

Contributing Partner: Michael Cossetto