Enhancing Director ID Requirements
Key reforms to the Director Identification Number regime
The Treasury Laws Amendment (Business Registries Stabilisation and Uplift) Bill 2026 (the Bill) introduces significant reforms to the Director Identification Number (Director ID) regime established under the Corporations Act 2001 (Cth) (the Corporations Act). The Director ID portions of the Bill commence on 1 July 2027.
The Director ID regime has applied since November 2021 as part of broader reforms to strengthen corporate transparency and combat illegal phoenix activity.
The Bill enhances the Director ID regime by increasing its requirements and enforcement. In particular, it facilitates the inclusion of Director ID information on ASIC’s Companies Register. To support this, companies and registrable bodies will be required to provide the Director ID of each director to ASIC as part of standard corporate registration and reporting practices.
Companies, registrable bodies, and their directors should be aware of the following practical implications arising from these reforms:
| New Law | Current Law |
|---|---|
| Each director or alternate director must have a Director ID, given by the Registrar. | Each director or alternate director must have a Director ID, given by the Registrar (unchanged). |
| Each director must provide their Director ID to their company, along with other personal details. | No requirement that a director provide their Director ID to their company (though they must provide other personal details). |
| Companies and other registrable bodies must provide Director IDs to ASIC during standard reporting processes. | No requirement that a company or other registrable body provide Director IDs to ASIC. |
| ASIC can publish Director ID information on its registers. | ASIC cannot publish Director ID information on its registers. |
| The Registrar has an express power to correct Director ID information. | The Registrar lacks an express power to correct Director ID information. |
| ASIC can disqualify directors for not applying for a Director ID when directed by the Registrar. | ASIC cannot disqualify directors for not obtaining a Director ID. |
| Infringement notices for Director ID contraventions issued by ASIC under Part 9.4AB of the Corporations Act. | Infringement notices issued by the Registrar or their staff under section 1272F of the Corporations Act. |
(a) Obligation on directors to provide Director ID to their company
Under the amended regime, a director’s "personal details" will expressly include their Director ID, alongside their name, address, and birth details.
A director is required to provide their Director ID to the company within 7 days of their initial appointment, unless they have previously provided that information to the company. Failure to comply on time continues to be a strict liability offence.
The Bill provides grace periods for both companies and directors in respect of newly appointed directors who do not yet have a Director ID number. This addresses "appointed from the floor" scenarios:
(b) Obligation on companies to provide Director IDs to ASIC
Companies and other registrable bodies must now provide ASIC with the Director ID of each director or alternate director at the following:
(c) Publication on ASIC’s registers
Director ID information will also appear as part of ASIC’s annual extract of particulars and return of particulars processes.
The Bill confers on ASIC a new power to disqualify a person from managing corporations for up to three years if that person fails to apply for a Director ID when directed to do so by the Registrar.
The Bill repeals the Registrar’s power to issue infringement notices under the Director ID regime and grants ASIC that power. ASIC may issue an infringement notice for a contravention of the requirements for eligible officers to have a Director ID and to apply for a Director ID when directed to do so by the Registrar.
Failure by a director or their company or registrable body to comply with the new requirements of the Director ID regime may attract an infringement notice or penalty consistent with the existing law (as amended). In particular:
(a) Transitional provisions for existing directors
The Bill includes transitional arrangements to support a smooth transition to the new corporate reporting requirements. From 1 July 2027:
Author: Miriam Kleiner, Partner.
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
Readers should take legal advice before applying it to specific issues or transactions.
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