03 October 2008
The Federal Government has released a statement setting out more information about the proposed Federal takeover of credit. In summary it appears that:
- the UCCC will be enacted as Federal law and extended to cover mortgages on investment properties;
- financial brokers, advisors and credit providers are to be covered by a national licensing scheme, with lenders licensed by ASIC
- there is to be one external dispute resolution body to which all lenders must belong;
- the Corporations Act is to be extended to cover margin lending.
The timing for these changes is expressed to be the end of June 2009 with a two-year transition.
The statement also contemplates a second phase of changes with possible further rules to stem predatory lending. The timing for this phase is expressed to be the first half of 2010.
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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this bulletin. Persons listed may not be admitted in all states and territories.
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