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Credit.

While fintech feels like today’s next big thing, we’ve been helping financial services and credit businesses innovate since 2002

Finance Companies

industry sectors Finance Companies

Premium Funders

industry sectors Premium Funders

Micro Lenders (Financiers)

industry sectors Micro Lenders (Financiers)

Mortgage Brokers

industry sectors Mortgage Brokers

Credit legislation has been evolving since the National Consumer Credit Protection Act or NCCP was introduced in 2009. Our team of lawyers have helped consumer credit providers, commercial credit providers, premium funders, mortgage and finance brokers, lessors of goods, aggregators and many more.

Whether it’s drafting credit contracts, hardship policies or consumer leases, developing a responsible lending compliant credit policy, reviewing compliance with AML/CTF requirements or the particular privacy issues for credit businesses, we can help.

SOME OF THE WAYS WE HELP OUR CLIENTS.
  •  Applying for an ACL and appointing Responsible Managers
  •  Product development and structuring
  •  Disclosure documents – Credit Guides, credit quotes and proposals
  •  Reviewing websites and other marketing and promotional material
  •  Appointing credit representatives and referrers
  •  Monitoring and supervision systems and processes
  •  AML/CTF compliance
  •  Breach management and reporting
  •  ASIC liaison, investigations and enforceable undertakings
  •  Corporate structuring, shareholders and partnership agreements
  •  Sales and acquisitions
  •  Joint ventures and strategic alliances
  •  Management and employee participation
  •  Drafting and negotiating contracts

Three trends we’re excited about

  •  The Government has tasked the Productivity Commission to examine the benefits and costs of improving the availability and use of comprehensive credit reporting data across the economy.
  •  Responsible lending continues to be an evolving area. The Cash Store case in late 2014 led to ASIC updating its regulatory guide but it’s fair to say that the guide is yet to be tested and everyone is still working through the implications of the case. We’re keen to see a clearer understanding of the boundaries for lenders determining whether their lending product is appropriate or suitable.
  •  The outcomes of the Government’s review of small amount credit contracts law will be released shortly. Lenders offering micro loans, unsecured small amount short term loans and payday loans are an important part of the overall credit industry because they’re servicing a segment of the market who couldn’t access loans from the banks. The review aims to get the balance right between protecting these often vulnerable consumers but not over regulating so that providers of these products have to exit the market.
  • Responsible Managers Masterclass

    Are you sure that your managers have enough knowledge of the NCCP requirements to keep you on the right side of the regulator?

    These sessions are for Responsible Managers, compliance managers and indeed any senior manager of a credit business.

    It takes a full day, but includes lots of interactive activities to keep you on your toes.

    It covers the following areas:

    •  The Role and Responsibilities of Responsible Managers – what it means to be a Responsible Manager, the qualifications and experience required, responsibilities and overall liabilities involved.
    •  Regulation in the Credit industry – who are the regulators and what do they do.
    •  Providing Credit Services – what is a financial or credit service and what compliance and disclosure obligations apply.
    •  ACL Obligations – an in-depth view of all the regulatory requirements that apply to financial services and credit businesses.

    Contact us for more information or to design or book a training session.

  • Marketing Compliance

    It’s quite surprising how many laws apply to marketing credit services.

    And how different they are to other types of marketing. Sure you can consult the ACMA website which has loads of useful material, but you’ll risk missing the specific elements for our industry.

    This training is a ‘must have’ for brand and marketing managers, especially extensive direct marketers. It will cover the laws and obligations which apply to marketing credit services – both direct and through intermediaries.

    •  Holding out
    •  Business documentation
    •  Consumer protection
    •  Advertising guidelines
    •  Telemarketing
    •  Online marketing
    •  Email marketing
    •  Viral marketing

    Contact us for more information or to design or book a training session.

  • Distribution

    Distribution is king!

    Increasingly, credit businesses are searching for affinity relationships and channels to reach a wider market place.

    The Fold’s training and facilitation in this area include:

    •  Workshops to design new distribution channels using The Fold’s unique “Influencing Spectrum" to choose the appropriate affinity model;
    •  Upskilling your compliance team and managers to manage and monitor your distribution; and
    •  Training the sales team on what they can and can’t do at the point of sale. We offer workshops and webinars, or we can design and host interactive online training for the entire sales team.

    All sessions can be tailored to suit your team’s needs and capabilities.

    Contact us for more information or to design or book a training session.

 

[The Consumer Credit Advice] read very well and will be a great tool for giving to brokers.
Premium Funding Pty Ltd, R Hayward

 
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