The roll
Six guides, each one line on the tape. They can be read in any order.
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01
Default clauses, and the notice a bank gives
The Banking Code’s Part B5: 30 days’ notice of a missed payment, a closed list of other defaults, no “material adverse change” default, and three months’ notice at the end of the term.
From: Banking Code of Practice; ASIC Report 565
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02
Personal guarantees
What a subscribing bank gives a guarantor before signing, the third-day wait, the 14-day notices, the two ways out, and the order of enforcement.
From: Banking Code of Practice; AFCA Rules
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03
Invoice finance and factoring, beside the other kinds of finance
Seven kinds of business finance in business.gov.au’s words, where each shows up in the paperwork, and a worked example of what a discount costs over a year.
From: business.gov.au; PPSR; Banking Code
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04
Unfair terms in a small business loan
Which loans the law covers, ASIC’s three-part description of an unfair term, the clause types ASIC raised with the big four banks, and the steps open to a business.
From: ASIC INFO 211; ASIC Report 565
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05
Security over business assets, and the PPSR
How a loan’s security is described on the register, the copy a business is sent and the clause that can waive it, and the amendment demand.
From: Personal Property Securities Register
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06
A complaint about a business loan, and AFCA
From the lender’s own process to AFCA: who counts as a small business, the time limits, and what AFCA will and will not look at on a loan.
From: ASIC RG 271 and RG 267; AFCA Rules
Which rule binds whom
The rules on this roll come from four places, and they reach different lenders. That is the first thing to know about any clause.
| The rules | Who they bind | Read them at |
|---|---|---|
| Banking Code of Practice | Banks that have subscribed to it; the Australian Banking Association publishes the list, and says the Code’s provisions are legally enforceable. | The Code (PDF), Parts B5 and B6 |
| Unfair contract terms law | Providers of financial products and services, in standard form contracts with a small business, under the ASIC Act. | ASIC INFO 211 |
| PPSR rules | The secured party that makes a registration, usually the lender, which may have to send the grantor a copy and must end the registration when its interest ends. | ppsr.gov.au |
| AFCA’s Rules | Financial firms that are AFCA members; AFCA says banks and other credit providers are among those required by law to join. | AFCA’s Rules |
Who can help with a particular loan
business.gov.au suggests talking to an accountant or business adviser for help understanding a business’s finances and how much it can borrow. For what a clause means in law, that is a lawyer’s work. For a dispute the lender has not resolved, AFCA is the scheme for its members.