As mentioned in our previous alerts, existing Directors have until 30 November 2022 to obtain a Director ID. However, the ATO have stated that they will not take further action on late applications if applied for by 14 December 2022.
New Directors will need to apply for a DIN prior to being appointed as a Director.
Who needs to apply
Directors and alternate directors of the following need to apply for a DIN, regardless of where they live:
- Australian company – proprietary and public, including corporate trustees;
- Aboriginal and Torres Strait Islander corporations;
- foreign companies registered with ASIC and carrying on a business in Australia;
- charity or not-for-profit organisations that are a company or Aboriginal and Torres Strait Islander corporation; and
- 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. These entities will have an Australian Registered Body Number (ARBN).
Directors of indigenous organisations under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (“CATSI Act”) that were appointed before 31 October 2021 will have until 30 November 2023 to apply, while from 1 November 2022, new Directors of organisations under CATSI are required to apply for a DIN prior to being appointed as a Director.
Penalties for not applying
It is both a civil and criminal offence for directors if they do not apply for a DIN on time, and responsibility of applying for the DIN on time lies with the Director. Refer to possible penalties here.