DIRECTOR IDENTIFICATION NUMBER

News,

To view this article as a PDF, please click here.

On 1 November 2021 the Director Identification Number (DIN) system launched.

What Is a DIN?

  • A DIN is a unique 15-digit number given to an existing, new or intending director who has verified their identity with the Registrar.
  • A DIN is issued to a person forever, much like a Tax File Number.
  • A director will keep the same DIN even if they stop being a director, becomes a director of another company, changes name, moves interstate or moves overseas.
  • All existing directors, first-time directors and alternate directors will need to verify their identity and apply for the unique identifier via the Australian Business Registry Services (ABRS) website.

Why Are DINs Being Introduced?

  • To deter and disrupt illegal phoenix activity. This is where companies are liquidated in order to defeat creditors, and a similar business is created to continue to carry on the business.
  • Prevent the appointment of fictitious directors or inaccurate directors’ names.
  • Clean out ASIC’s Companies Registers of fake directors.
  • To increase traceability and transparency of the relationships between directors and their companies.
  • Help avoid the appointment of directors to companies without their knowledge or consent.
  • Improve data integrity and security.

Who Needs to Apply For DINs?

DINs are required for all directors and alternate directors of the following entities:

  • Australian proprietary and public companies,
  • Body corporates that are a registered Australian body,
  • A registered foreign company,
  • Aboriginal and Torres Strait Islander corporations registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

DINs are not required for the following:

  • Company secretaries,
  • Defacto or shadow directors,
  • Sole traders or partnerships,
  • Officers of unincorporated associations, cooperative or incorporated associations established under state or territory legislation.

When Are DINs Required?

  • For existing directors appointed before 31 October 2021, a director’s identity must be verified and an application for a DIN is required by 30 November 2022.
  • For new directors appointed between 1 November 2021 and 4 April 2022, the director has up to 28 days to verify their identity and apply for a DIN.
  • For new directors appointed after 5 April 2022, their identity must be verified and a DIN applied for before they are appointed as a director.

How Do You Apply?

Directors must apply for their DIN.  It cannot be completed by an ASIC agent or other representative.

There are 3 ways to verify a director’s identity and apply for a DIN:

  • Digital Application – set up myGovID app, provide an email and complete the proof of record ownership (PORO) process via the app, and apply online via the ABRS website,
  • Phone Application – apply for DIN verbally over the phone and answer questions regarding proof of identity documents. This is only available to directors who have an Australian TFN,
  • Paper Application – apply for DIN using PDF fillable form and provide certified proof of identity documents and mail to the ABRS.

 

Digital Application

This is the preferred method by the Government.  This requires the following:

  1. Download the myGovID app on a smart device,
  2. Provide an email address,
  3. Set up a standard or strong identity strength myGovID.

To set up a standard or strong identity, you must upload 2 of the following Australian identity documents:

  1. Driver’s licence or learner’s permit,
  2. Australian passport,
  3. Birth certificate,
  4. Visa (using foreign passport),
  5. Citizenship certificate,
  6. ImmiCard,
  7. Medicare Card.

Once myGovID is set up it can be used to log in to selected government online services, including the ABRS.  To connect myGovID with the ABRS, the directors will be asked to add:

  • Their individual Tax File Number (optional but it speeds up the process),
  • Their residential address as held by ATO records, and
  • Answer two questions specific to their ATO record (PORO).

The PORO includes the following:

  1. Bank account details used by ATO,
  2. ATO Notice of Assessment,
  3. PAYG Payment Summary,
  4. Superannuation account details,
  5. Dividend statement,
  6. Centrelink payment summary.

 

Phone Application

To apply by phone, the number to call is 13 62 50, or +61 2 6216 3440 if calling from overseas.  You will need:

  • Your Tax File Number (optional but it speeds up the process),
  • Your residential address as held by the ATO,
  • Answer 2 PORO questions (see list at the top of this page),
  • Two Australian identity documents – one primary and one secondary.

The primary documents are:

  • Australian full birth certificate,
  • Australian passport (including passports that have expired in the past two years),
  • Australian citizenship certificate or extract from a Register of Citizenship by Descent,
  • ImmiCard,
  • Visa (if you are using a foreign passport but you are still in Australia).

The secondary documents are:

  • Medicare card,
  • Australian driver’s licence or learner’s permit, which matches residential address provided.

 

Paper Application

If a director is not eligible for myGovID, a paper application will be necessary.  The paper form can be found here.

Paper applications with Australian identification documents require certified copies of one primary and two secondary identity documents.

Primary proof of identity documents are:

  • Australian full birth certificate,
  • Australian passport (including passports that have expired in the past two years),
  • Australian citizenship certificate or extract from Register of Citizenship by Descent,
  • Foreign passport.

Secondary proof of identity documents are:

  • Medicare card,
  • Australian driver’s licence or learner’s permit with photo and signature which matches the residential address.

 

Foreign directors will need to provide certified (and translated – if applicable) copies of two current documents for registry purposes.  One document must be a primary document.

Primary proof of identity documents are:

  • Foreign birth certificate,
  • Foreign passport,
  • Australian birth certificate,
  • Australian passport.

Secondary proof of identity documents are:

  • National photo identification card,
  • Foreign government identification,
  • Marriage certificate,
  • Driver’s licence, which matches residential address provided.

For further information about DIN and the ABRS, including who can certify your documents, go to the ABRS website at https://www.abrs.gov.au/director-identification-number.

Alternatively, please contact our Rockhampton or Emerald office.