ASIC Regulatory Guide 209 Credit Licensing: Responsible Lending Conduct (Australia)
Section D: the written assessment and record keeping – ASIC Regulatory Guide 209 Credit Licensing: Responsible Lending Conduct (Australia)

ASIC Regulatory Guide 209 Credit Licensing: Responsible Lending Conduct (Australia) rg209-d-written-assessment: Give the consumer a free written copy of the assessment on request, within the statutory time, in a form they can understand, covering their details, requirements and objectives, financial position, the product's fit and their capacity to repay

What does rg209-d-written-assessment require?

If the consumer asks for the written assessment that found the product not unsuitable, the licensee must give it free of charge: before the contract is entered into where the request is made before, and otherwise within seven business days (two years) or twenty-one business days (two to seven years) of the request as the Act provides; a broker gives its preliminary assessment on the same basis; the obligation passes with an assignment of the lender's rights where the assignee is a licensee; ASIC may also ask for the assessment during surveillance. Although the Act does not require a written assessment to be prepared in advance, it is good practice to prepare one when the assessment is made. The written assessment should let the consumer understand the basis for the conclusion: ASIC lists the consumer's details, the requirements and objectives and how the product meets them, the financial position (income, expenses, liabilities, assets) and the capacity to repay with the assumptions used, without requiring disclosure of commercially sensitive lending criteria; Appendix 2 gives an example.

Maintained by Gerard Blokdyk

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