Small business responsible lending obligations exemption

The Commonwealth Budget has confirmed the Regulatory Initiatives Grid statement that the exemption of small business loans from the National Credit Act responsible lending obligations will be extended for a further 10 years to October 2036.

The Regulations currently provides that certain mixed-purpose small business loans are exempt from the responsible lending obligations so long as there is a ‘genuine’ business purpose that is not minor or incidental to a personal borrowing.

Treasury will consult on exposure draft legislation to update the National Consumer Credit Protection Regulations 2010 ahead of the current 3 October 2026 expiry.

It will apply to loans to businesses with fewer than 100 employees or a revenue of $5million or less in the previous financial year. Background.

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Author: David Jacobson
Principal, Bright Corporate Law
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About David Jacobson
The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.

 

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