On 5 October 2021, the Corporations (Director Identification Numbers — Transitional Application Period) Instrument 2021 was registered on the Federal Register of Legislation, providing further clarity in relation to the new Director Identification Number (DIN) regime. A DIN is a 15-digit unique identifier that all directors will be required to hold. Once a director has obtained their DIN, they keep that DIN forever. The DIN regime forms part of the federal government’s Modernising Business Registers program, and is a way of tracking individual directors and their activities in order to prevent illegal phoenix activity.
Timeframe for obtaining a DIN
The relevant date for directors to apply for their DIN is dependent on the date that the director became a director, as well as the type of company that they are a director of.
For directors of companies under the Corporations Act 2001 (Cth), the following dates apply
| Date director became a director | Date director must apply for their DIN |
| 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 |
For directors of companies under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), the following dates apply
| Date director became a director | Date director must apply for their DIN |
| On or before 31 October 2022 | By 30 November 2023 |
| From 1 November 2022 | Before appointment |
Application process
Importantly, directors must themselves apply for their DIN. As no one can do this on their behalf, directors are encouraged to prepare the relevant documentation, and familiarise themselves with the process, to ensure that they meet the above timeframe (as applicable). The application process is as follows:
- Directors who do not have a myGovID, must download the myGovID app and obtain their ID.
- Directors must also gather the following documentation: their tax file number, their residential address as held by the ATO and two documents to verify their identity (such as a dividend statement, bank account details or a PAYG payment summary).
- From November 2021, once they have their myGovID and the necessary documentation, directors can log onto the Australian Business Registry Services (ABRS) website (which is currently in its testing phase) and complete their application. This is estimated to take less than five minutes.
For those directors who are unable to obtain a myGovID, the ABRS website indicates that directors may also apply for their DIN by phone or by completing a paper form.
There does not appear to be a fee payable when applying for a DIN.
Penalties
Civil and criminal penalties may apply where a director fails to obtain a DIN, applies for multiple DINs or misrepresents or provides a false DIN.
This article was written by Jordan Diamantopoulos (Lawyer) and Kate Landells (Principal Solicitor).
