How to apply for a director identification number

Oct 26, 2021 (https://www.alvinlegal.com.au/blog/how-to-apply-for-a-director-identification-number/) —

by Alvin Khoury (https://www.alvinlegal.com.au/author/alvinkhoury/)in News and Insights (https://www.alvinlegal.com.au/category/news-and-insights/), Blog (https://www.alvinlegal.com.au/category/blog/)*

Background

From November 2021, directors will need to verify their identity with the newly established Australian Business Registry Services (**ABRS**) as part of a new requirement to obtain a unique director identification number (**director ID**).

This requirement will apply to directors of companies, registered foreign companies, registered Australian bodies and Aboriginal and Torres Strait Islander corporations.

The deadline to apply for a director ID will depend on the date you become a director. **Date you become a director****Date you must apply**On or before 31 October 2021By 30 November 2022Between 1 November 2021 and 4 April 2022Within 28 days of appointmentFrom 5 April 2022Before appointment**The deadline to apply for a director ID differ for directors of Aboriginal and Torres Strait Islander corporations.Date you become a director****Date you become a director**On or before 31 October 2022By 30 November 2023From 1 November 2022Before appointment**If you are planning on becoming a director, you can apply for a director ID in advance.

How do director IDs work?

A director ID is a unique 15-digit identifier given to a director (or someone who intends to become a director) who has verified their identity with the ABRS.

A director ID:

• starts with 036, which is the 3-digit country code for Australia under International Standard ISO 3166; and
• ends with an 11-digit number and one ‘check’ digit for error detection.

A director will only ever have one director ID. You will keep it forever even if you:

• change companies;
• stop being a director;
• change your name; or
• move interstate or overseas.

Who needs a director ID?

You will need a director ID if you are a director of:

• a company;
• an Aboriginal and Torres Strait Islander corporation;
• a corporate trustee;
• a charity or not-for-profit organisation that is a company or Aboriginal and Torres Strait Islander corporation;
• a registered Australian body; or
• a foreign company registered with the Australian Securities and Investments Commission (**ASIC**).

You will not need a director ID if you are:

• a company secretary (but not a director);
• an external administrator of a company;
• referred to as a “director” in your job title, but have not been appointed as a director under the Corporations Act 2001 (Cth) or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth);
• running a business as a sole trader or partnership;
• a director of a registered charity with an organisation type that is not registered with ASIC to operate throughout Australia; or
• an officer of an unincorporated association, cooperative or incorporated association established under state or territory legislation, unless the organisation is also a registered Australian body.

How do I apply for a director ID?

Australian resident directors will be able to apply for a director ID online by:

• setting up a myGovID account (this is different to the MyGov platform);
• verifying their identity on the myGovID app;
• applying for a director ID via the ABRS website.

Australian resident directors will also be able to apply for a director ID via phone.

Foreign directors located outside of Australia and unable to apply for a my GovID account will need to apply for a director ID by submitting a paper form together with certified copies of one primary document and one secondary document from the below lists. The paper form will be available through the ABRS website from 1 November 2021.

Primary identity documents***

• Foreign birth certificate
• Foreign passport
• Australian full birth certificate (extracts and commemorative certificates are not acceptable)
• Australian passport (including passports that have expired in the past two years)

***Secondary identity documents***

• National photo identification card
• Foreign government identification
• Driver’s licence (the licence address must match the address details on your application)
• Marriage certificate (if you use this document to verify your change of name, you cannot use it as a secondary document)

If you have changed your name, you must provide another document showing the change, such as a:

• marriage certificate
• deed poll
• change of name certificate

If you are located outside of Australia, your documents can be certified by:

• a notary public; or
• staff at your nearest Australian embassy, high commission or consulate.

Documents in languages other than English will need to be translated by an approved translation service and certified as a true and correct copy. Do not send original documents to the ABRS, as they will not return any documents.

How can I protect my identity?

Director IDs will not be publicly searchable, and the ABRS cannot disclose a director ID without the director’s consent. Director IDs, however, will not be governed by the same laws that apply to a tax file numbers. You should, therefore, keep your director ID private.