women-holding-a-smartphone-with-icons-of-bnpl-with-online-shopping-icons-technology-bnpl-buy 1900x500

BNPL and Credit Licensees – beat the rush

Dermott Lynch

On 22 May 2023, the Financial Services Minister, Stephen Jones told the Lending and Borrowing Conference in Sydney that the Government intends to increase regulation on businesses providing buy now, pay later (BNPL) services.

The extent of regulation over BNPL has been the topic of enquiry for over 3-years and, although the details have not yet been released, it is likely that the Government will introduce regulations that will require all businesses providing BNPL services to:

  1. hold an Australian Credit Licence (ACL) under the National Consumer Credit Protection Act 2009 (National Credit Act),

  2. adhere to responsible lending obligations (similar or the same to those prescribed under the National Credit Act),

  3. offer hardship paths for customers (similar or the same to those prescribed under the National Credit Act), and

  4. require the BNPL businesses to meet statutory dispute resolution standards.

These new requirements will inevitably result in an increase in ACL applications, which can take up to 5-months to receive a determination from ASIC, an increase in interest in acquiring businesses that operate under an ACL and authorisations to operate as Credit Representatives.

As the new regulations are likely to be introduced early next year, BNPL service businesses should obtain advice early on as their best option.

Alternatively, if you have a business that operates under an existing ACL and are interested to divest that part of the business, now is the best time to do so while the demand is high.

Russell Kennedy is able to assist BNPL businesses to adapt to the new regulations, guide them through the ACL application process or facilitate the purchase of a company that holds an existing ACL.

How we can help

Please contact Dermot Lynch from Russell Kennedy's Corporate & Commercial Advisory team.

If you’d like to stay up to date with Russell Kennedy Alerts and Events, you can subscribe to our mailing list here.

View related insights

CC WRES 2 May 2024 Alert

Unfair Contract Terms regime crosses over into Fair Work jurisdiction

2 May 2024

The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Closing Loopholes No. 2 Act) commenced on 27 February 2024 introducing a suite of significant workplace relations reforms. These ...

View
C and C Alert 15 April 360 x 240

ASIC brings first action against a director for failing to have a DIN

15 Apr 2024

On 19 March 2024, ASIC commenced the first prosecution against a director for failing to comply with the obligations to have a DIN. A director appeared in the Downing Centre Local Court and was formal ...

View
nurse-sitting-and-bonding-with-her-senior-picture-360x240

The meaning of ‘governing body’

17 Oct 2023

In a raft of reforms to the responsibilities of approved providers of aged care related to governance which commenced in December 2022, the term ‘governing body’ was inserted into the Aged ...

View