GovCorp continues to harass business owners to try and force them into registering for a Director’s ID.
We have been unable to find any legislative requirement for anyone to sign up for a Director’s ID. It is not to be found anywhere in the Corporations Act 2001 (Cth).
The “small business guide” provided by GovCorp in Part 1.5 does not even specify the requirement for a proprietary company to have a Director. Section 2.1 stipulates that a proprietary company “must have at least 1 shareholder,” but “may have 1 or more directors.” Within the meaning of legislative interpretation, it is well established that the word “must” or “shall” confers an obligation, while the word “may” confers a discretionary duty.
Section 3.5 outlines that “a person listed with their consent as a shareholder, director or company secretary in the application for registration of the company becomes a shareholder, director or company secretary of the company on its registration,” while section 5.1 further confirms that, “A director must consent in writing to holding the position of director.”
Also, in section 117(2) of the Act, there is no requirement for the position of Director within all the outlined registration requirements, other than by consent. It is quite clear that consent is required for the position of a Director, within a proprietary company, to exist.
Therefore, giving full consideration to the offence of servitude, within the meaning of section 270.4 of the Criminal Code Act 1995 (Cth), you can require the agency sending you the demand that you register for a Director ID to elaborate on where the “requirement” for a Director’s ID can stem from. They are making the demand. They are bound to provide proof that they have the jurisdiction and authority to make the demand.
You should also be aware that anyone or any organization that demands you do anything backed by threats is committing a crime, and their demands are therefore Voice Ab Initio. That means that their demands have no force. You can initiate criminal charge against anyone making demands with threats.
For more information on how to do this, contact the author at firstname.lastname@example.org. We can provide insights into your legal rights under the law, and guide you on dealing with GovCorp. (NOTE: We are not lawyers, but we do have a wide-ranging knowledge of the law.)
Whenever you receive a demand from GovCorp to register for a Director’s ID, download this letter and send it to them.
Worried about the threats to force you to sign up for a Director’s ID? Download, fill in your details, and send this letter back to GovCorp…