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AFCA Issues Caution to SMEs on Unregulated Lending Practices

Understanding the Importance of Choosing Regulated Financial Partners

AFCA Issues Caution to SMEs on Unregulated 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 Financial Complaints Authority (AFCA) has issued a warning to small businesses regarding the risks associated with engaging unregulated lenders.
This caution comes in response to a notable increase in complaints related to lenders not covered by the Credit Act and who are not members of AFCA.

In the financial year 2025, AFCA received over 4,600 complaints from small businesses, marking a 4% increase from the previous year. Notably, 21% of these complaints were dismissed as they fell outside AFCA's jurisdiction, primarily because the lenders involved were not AFCA members. This situation leaves business owners with limited options for redress if issues arise.

AFCA's lead ombudsman for small business, Suanne Russell, emphasized the importance of dealing with regulated lenders. She noted that if a small business lender is not a registered member of AFCA, the business cannot lodge a complaint with the authority if problems occur, leaving them vulnerable.

To mitigate these risks, small business owners are advised to:

  • Verify whether a lender is an AFCA member before engaging in any financial agreements.
  • Understand that financial services licensees, credit licensees, credit representatives, and superannuation trustees are required to be AFCA members as part of their licensing requirements.
  • Be cautious of lenders who are not obligated to join AFCA, such as certain asset leasing businesses and online or private equity lenders serving only business customers.

By choosing regulated financial partners, SMEs can ensure they have access to external dispute resolution mechanisms, providing an added layer of protection and peace of mind in their financial dealings.

Published:Thursday, 1st Jan 2026
Source: Paige Estritori

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

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A legal claim against a property that must be paid off when the property is sold.