In Australia, most private lenders who engage in lending activities covered by the National Consumer Credit Protection Act 2009 (NCCP) are required to hold an Australian Credit Licence (ACL).
This includes those offering loans to consumers for personal, domestic, or household purposes, such as home loans, personal loans, and credit cards.
If a private lender is involved in business lending or providing credit to corporations, the requirements may differ, and an ACL may not be necessary.
However, the specifics can depend on the nature of the lending activities and the types of loans offered. It’s always advisable for lenders to seek legal advice to ensure compliance with the relevant laws and regulations.
In this article, I’ve covered the licensing requirements for private lenders, exemptions, and the critical role of the Australian Securities and Investments Commission (ASIC) in overseeing these regulations.