Prosecution of director for failure to have a personal identifier

News Desk

As the world moves towards increasing accountability for those who own and/or control companies, Australia has brought its first prosecution against a director who has failed to obtain a personal identification number.

The Director's Identification Number is a huge step towards the removal of fictitious and fraudulent registration of directors, a problem with plagues, for example, the UK's Companies House.

According to the Australian companies' regulator, ASIC:
"Directors must apply for their director ID within the following timeframes:

- Directors appointed before 1 November 2021 had until 30 November 2022 to apply.
- New directors appointed for the first time between 1 November 2021 and 4 April 2022 had 28 days form their appointment to apply.
- From 5 April 2022, intending new directors must apply before being appointed.

An interim non-publication order (NPO) was granted by the Court prohibiting the identification of the defendant.

The maximum penalty for an offence against section 1272C(1) of the Act is 60 penalty units. The defendant in this matter is facing a maximum penalty of AUD13,320."


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