Questions raised at the ‘An update from the ATO’ Open Forum
Question topic – Australian Business Registry Service
Question – Is there a process to cancel a Director ID, either due to non-use, death, or loss of capacity?
Response – No, the director ID is just a piece of data that is associated with that individual forever. When an officeholder dies the company will be responsible for ceasing that individual’s role on the company and (if applicable) appointing someone new. If the deceased individual is a sole director, a legal personal representative will be acting on their behalf. The mechanism in which this legal personal representative will interact with the register is still being determined and may depend on the action that needs to be carried out, such as deregistering the company or appointing a new director.
Question – Do I still need a director ID if I am a director of a non-active company (for example, the company is a trustee)?
Response – Yes. All directors of companies registered under the Corporations Act 2001 (Corporations Act) or Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) will need a director ID. Find out more about who needs to apply and when on the ABRS website (https://www.abrs.gov.au/director-identification-number/who-needs-apply-and-when).
Question – Will tax agents become the gatekeepers of the data for the new company setup, or will the obligation remain with the individual?
Response – The director ID obligation falls to the individual. At this time, the director is required to apply themselves and maintain their information. This may change in future, where a director may authorise an agent to use the director ID (to link the director to entities to which they are a director of) and maintain the currency of their details. More about this will be communicated in the future.
Question – What should I do if I lose my Director ID?
Response – If you received your director ID online, you can simply log into ABRS online at any time to see your director ID and maintain your details. If you received your ID over the phone or in paper, you should call ABRS on 13 62 50. If you have the information to establish your identity over the phone, you will be advised of your director ID verbally. If not, you can request the notification letter be resent. You can find the ABRS contact details and the information you need when you call on https://www.abrs.gov.au/contact-us
Question – Do resident directors who go overseas and become non-residents still need to apply for a Director ID?
Response – Yes, all resident and non-resident directors need to apply for a director ID. The abrs.gov.au website articulates the requirements for directors in each circumstance.
Question – When acting for an organisation with multiple directors, is it enough to verify only one of the directors and have them agree to the agent acting on their behalf?
Response – No, all directors of companies registered under the Corporations Act 2001 (Corporations Act) or Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) will need a director ID. Find out more about who needs to apply and when on the ABRS website (https://www.abrs.gov.au/director-identification-number/who-needs-apply-and-when).