The original deadline to apply for a Director ID has now passed, leading many to ask how to apply for a director ID extension. According to the website of the Australian Business Registry Services, applications for a Director ID for those directors under the Corporations Act on or before 31 October 2021 need to have been lodged by 30 November 2022. Where you were appointed as a director between 1 November 2021 and 4 April 2022, you were required to apply for a Director ID within 28 days of appointment. Where you became or become a director from 5 April 2022, you must (have) apply(ied) before appointment.
You’ll need a director ID if you are an eligible officer of:
– a company, registered Australian body, or
– registered foreign company under the Corporations Act 2001 (Corporations Act)
an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).
An eligible officer is a person who is appointed as either:
– a director; or
– an alternate director who is acting in that capacity.
We’ve looked at the application process in other articles. Applications are relatively straight forward and once you obtain a Director ID, you can find it by following the steps outlined here.
How to apply for a Director ID extension
For directors (who were appointed on or before 31 October 2022) under the CATSI Act, there is still time to apply. You have until 30 November 2023 to apply and if you can’t meet the deadline you should apply for a director ID extension. The process that a CATSI Act director must follow when understanding how to apply for a Director ID extension, is the same for any other director. If you were appointed as a director under the CATSI Act from 1 November 2022, then you needed to apply before you appointment.
The Australian Business Registry Services provides a form on its website the application for an extension of time to apply for a director ID. In the form you are required to provide reasons for a director ID extension. Once the application is submitted, the Registrar will consider the extension request and may grant a longer period of time in which to submit the application.
It should be noted that it is a criminal offence if directors do not apply on time and penalties may apply. ASIC is the enforcement body responsible for enforcing director ID offences set out in the Corporations Act 2001. Consequently, those seeking an extension should make sure to submit the application as soon as possible.
Where you have not applied for a director ID extension by the deadline, we recommend obtaining legal advice.
Citations :
- https://asic.gov.au/for-business/running-a-company/company-officeholder-duties/director-identification-number/
- https://www.mondaq.com/australia/directors-and-officers/1247726/applying-for-your-director-identification-number-din-faq
- https://asic.gov.au/for-business/running-a-company/company-officeholder-duties/director-identification-number/#:~:text=All%20directors%20of%20a%20company,in%20the%20Corporations%20Act%202001.
- https://www.abrs.gov.au/director-identification-number/who-needs-apply-and-when
- https://www.abrs.gov.au/director-identification-number/top-questions-when-applying-director-id
- https://www.abrs.gov.au/sites/default/files/2021-10/Application_for_an_extension_of_time_to_apply_for_a_director_ID.pdf
- https://www.abrs.gov.au/director-identification-number/top-questions-when-applying-director-id#:~:text=Directors%20must%20apply%20for%20their,apply%20prior%20to%20their%20appointment.
