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ASIC's Findings on Private Lending Practices

Addressing Compliance Concerns in Australia's Private Credit Market

ASIC's Findings on Private Lending Practices?w=400

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

The Australian Securities and Investments Commission (ASIC) has recently conducted a comprehensive review of the private lending sector, uncovering several areas of concern.
The investigation revealed inconsistent and unclear reporting, downplayed risks, opaque fee structures, conflicts of interest, and poor valuation practices within the industry.

Private lending, also known as private credit, involves non-bank institutions providing loans, often at higher interest rates, to borrowers who may not meet traditional banking criteria. This sector has experienced significant growth in Australia, with approximately $200 billion in loans extended, particularly to higher-risk real estate players and property developers.

ASIC's review aimed to assess the transparency and fairness of practices within this burgeoning market. The findings indicate a need for improved standards to protect investors and borrowers alike. ASIC Chairman Joe Longo emphasized the importance of fostering confidence in both public and private markets, stating, "We want to encourage the market as a whole."

In response to these findings, ASIC has outlined several recommendations to align private lending practices with those of the banking sector. These include enhancing reporting standards, ensuring clear disclosure of risks, implementing transparent fee structures, addressing conflicts of interest, and improving valuation methodologies.

For borrowers considering private lending options, these developments underscore the importance of due diligence. Prospective borrowers should thoroughly research lenders, seek clarity on loan terms and fees, and consider consulting financial advisors to navigate this complex landscape.

In conclusion, ASIC's scrutiny of the private lending sector highlights the need for heightened regulatory oversight to ensure fair and transparent practices. As the market continues to evolve, both lenders and borrowers must prioritize compliance and transparency to maintain the integrity and stability of Australia's financial system.

Published:Sunday, 25th Jan 2026
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

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Second Mortgage:
A type of subordinate mortgage made while an original mortgage is still in effect.