The Office of the Director of Corporate Enforcement (ODCE) was replaced by Corporate Enforcement Authority (CEA). A principal aim of The Companies (Corporate Enforcement Authority) Act 2021 (commenced on 6 July 2022) was to allow for this establishment of the CEA. Additionally, Section 35 of the Act has some important implications for directors and for those filing company returns.
Section 35 of the Companies (Corporate Enforcement Authority) Act 2021 amends the Companies Act 2014 by inserting a new section 888A.
This section requires a director to include their personal public service number (PPSN) in an application to:
- incorporate a company.
- file an annual return (B1) made by a company of which he or she is a director.
- file a notice of change of directors or secretaries (B10) made by a company of which he or she is a director.
The Registrar of Companies shall determine the Director’s identity information to be provided where the director has no PPSN. Non-compliance will constitute a Category 4 offence.
It is expected that this section will commence in the first half of 2023. Practitioners are advised to monitor future communications with more details.