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Broker’s ban reduced following appeal

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Broker’s ban reduced following appeal

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James Mitchell 2 minute read

A former Victorian finance broker has had her ban period reduced by the Administrative Appeals Tribunal.

An ASIC statement today confirmed that the Administrative Appeals Tribunal (AAT) has affirmed ASIC's decision to cancel the Australian credit licence of Unique Mortgage Services Pty Ltd (UMS). In addition, the AAT has varied ASIC's banning of Ms Meenakshi Callychurn, a former Victorian finance broker, from engaging in credit activities.

ASIC banned Ms Callychurn from engaging in credit activities in March 2015 for a period of five years and cancelled the Australian Credit Licence of UMS. The AAT today varied Ms Callychurn's banning from a period of five years to four years.

In affirming ASIC's decision, the AAT found Ms Callychurn had contravened the NCCP twice in relation to Annual Compliance Certificates of UMS.

The AAT found also Ms Callychurn had demonstrated a pattern of behaviour which was not consistent with those that would be expected of a “fit and proper person”.

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UMS was formerly owned and operated by Mr Rudy Frugtniet, who was permanently banned from engaging in credit activities by ASIC in July 2014.

On 20 March 2015, when ASIC first announced the cancelation of UMS’ credit licence and Ms Callychurn’s five-year ban, it was noted that the corporate regulator “found that Ms Callychurn failed to actively engage in the operations of the business and failed to meet the standards expected of the roles of sole director, key person and fit and proper person. This made her unfit to engage in credit activities.”

“ASIC expects those engaging in credit activities to have the requisite competence and knowledge and to act with integrity,” ASIC deputy chairman Peter Kell said at the time.

“Those who fail in this regard will be removed from the industry.”

[Related: Victorian broker loses credit licence]

 

Broker’s ban reduced following appeal
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James Mitchell

James Mitchell

James Mitchell has over eight years’ experience as a financial reporter and is the editor of Wealth and Wellness at Momentum Media.

He has a sound pedigree to cover the business of mortgages and the converging financial services sector having reported for leading finance titles InvestorDaily, InvestorWeekly, Accountants Daily, ifa, Mortgage Business, Residential Property Manager, Real Estate Business, SMSF Adviser, Smart Property Investment, and The Adviser.

He has also been published in The Daily Telegraph and contributed online to FST Media and Mergermarket, part of the Financial Times Group.

James holds a BA (Hons) in English Literature and an MA in Journalism.

 

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