FAQs
Questions about Australian directors.
Straight answers on resident directors, Director IDs and the public officer role, plus two longer guides for directors and the companies that appoint them.
A director's duties don't shrink because the company is owned overseas.
Renee Minchin, Directors VaultDirector guides
Read these before you sign a consent.
Guide
The rules for being a resident director
What section 201A requires, who can and can't be a director, and what to check before a nominee director is appointed.
Read the guideGuide
Directors' duties in Australia
The core duties every director carries, including nominee and resident directors, and what happens when they're not met.
Read the guideQuestions
What clients usually ask.
From 1 July 2027, applied isn't enough.A new director must have their Director ID issued and in hand before they're appointed. Today it's enough to have applied. Overseas directors applying on paper can wait around four weeks, so start early.
Resident directors
Does a foreign-owned company need an Australian resident director?
Yes. Section 201A of the Corporations Act requires every proprietary company to have at least one director who ordinarily resides in Australia. Public companies need at least two. The requirement applies for as long as the company exists, not only at incorporation, and it applies even when the company is wholly owned overseas.
What happens if our resident director resigns or leaves Australia?
The company falls short of section 201A and is in breach of the Corporations Act until a new resident director is appointed. Changes to directors must be notified to ASIC within 28 days. If your local director is leaving, it's worth arranging a replacement before the gap opens.
Is a nominee director different from a resident director?
"Nominee director" is a common name for a director provided by a service like mine, but there's no lesser legal category. A nominee director carries the same duties and personal liability as any other director, which is why I assess the risk before I accept an appointment.
Director IDs
Do directors need a Director ID?
Yes. Every director of an Australian company needs a Director ID from Australian Business Registry Services (ABRS). At the moment, a new director must have applied for one before they're appointed.
That changes from 1 July 2027, when companies must give ASIC their directors' IDs on registration, on every new appointment and at each annual review. In practice, a director will need the ID issued and in hand before appointment, not just applied for. I already hold mine, so my appointment isn't held up.
Do foreign directors need a Director ID?
Yes. If your company also has directors who live overseas, each of them needs a Director ID too. Directors without Australian identity documents generally can't apply online. They apply to ABRS on a paper form, with certified copies of identity documents such as a passport and a national ID or driver's licence, certified by a notary public or an Australian embassy or consulate.
Paper applications can take around four weeks to process, so start early, especially once IDs must be in hand from July 2027.
Public officer
What does the public officer do?
The public officer is the company's contact person with the ATO and is responsible for tax matters on the company's behalf. Companies carrying on business in Australia must appoint one who ordinarily lives here.
Working with me
What will you need from us?
Identity verification for the company and the people who own and control it, a clear picture of the business through the risk call, and regular financial information once I'm appointed. A director has to be able to see the company's position, including its solvency, to meet their duties.
What will it cost?
A fixed annual fee, quoted in writing after the risk call. The fee depends on the size, activity and risk of the company, so I'd rather understand it first than give you a number that doesn't fit.
Will you replace our lawyer or accountant?
No. I fill the director and public officer roles only. Incorporation, company secretarial, legal and tax work stay with the advisers you already have.
This is not legal advice. It's general information only. Please speak to a legal representative about your company's situation before you act on it.
Get in touch
Need an Australian director for your company?
Book a 20-minute call. I'll ask about the company, its owners and what it does, and tell you plainly whether I can take the appointment.
