Verstöße gegen Verbraucherkredit‑ und Offenlegungspflichten bei Kleingewerbe‑Leasing

Definition

Some computer‑equipment ‘leasing’ products used by sole traders and very small businesses may be treated as regulated credit under the National Consumer Credit Protection Act 2009 (NCCP) and the National Credit Code, particularly where the predominant use is personal or mixed and where effective ownership or residual structures mimic finance leases. Under NCCP, credit providers must be licensed and comply with responsible‑lending obligations, provide standard pre‑contractual disclosures and comply with hardship and dispute‑resolution requirements. ASIC has previously taken action against finance and lease providers for systemic failures in responsible lending and documentation, resulting in large remediation programs and civil penalties (e.g., several ASIC‑led cases against small‑business and equipment finance lenders with penalties in the AUD millions range – logic extrapolation from broader credit‑industry enforcement). For an IT‑equipment wholesaler running a captive finance program, similar structural documentation defects across hundreds of small‑business leases could easily create a remediation bill of AUD 2,000–5,000 per customer plus penalties.

Why This Matters

The Pitch: Computer equipment lessors in Australia 🇦🇺 face potential exposures in the hundreds of thousands of AUD from mis‑sold leases and non‑compliant finance documentation for small businesses. Embedding regulatory logic and standardised documentation into lease administration systems minimises this remediation and penalty risk.

Affected Stakeholders

CFO, Head of Legal & Compliance, Leasing Program Manager, Credit Manager

Related Business Risks