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ARTICLE · 15 SEPTEMBER 2024

Directors without director IDs face criminal charges

Holman Webb
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As a Director, you must apply for a DIN in the relevant timeframe to avoid exposure to criminal or civil sanctions.

AustraliaCorporate/Commercial Law
Ann Kwak
Ann Kwak
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ASIC has started bringing court actions against Directors in Australia for failing to have a Director Identification Number (DIN).

In March 2024, ASIC brought an action against a NSW Director in the Downing Centre Local Court in Sydney for failing to have a DIN. Additionally, in May 2024, the Perth Magistrates Court convicted two Directors in WA for failing to hold DINs and issued them a fine of $5,000 each plus costs.

The actions brought by ASIC are criminal. Therefore, any penalty imposed by the court in such a case will result in the Director having a criminal record.

What is the DIN?

The DIN is a unique 15-digit identifier a Director must apply for through the Australian Business Registry Services (ABRS).

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