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Broker charged for falsifying ACL statement

by Malavika Santhebennur10 minute read
Broker charged for falsifying ACL statement

A NSW mortgage broker has been changed with making a false statement in a credit licence annual compliance certificate lodged with ASIC.

Henan Gao, the director of former Australian Credit Licence (ACL) holder and mortgage brokerage Shinning Crown International Pty Ltd (SCI), has been charged with one count of knowingly making a false statement in a credit licence annual compliance certificate lodged with the Australian Securities and Investments Commission (ASIC).

Mr Gao entered a plea of not guilty to the charge on 13 October.

Background to the case

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Mr Gao was the sole fit and proper person and responsible manager of SCI’S credit licence. SCI held an ACL and operated a mortgage brokerage business in Sydney.

ASIC has alleged that after Mr Gao’s accreditation with ANZ was suspended on 1 April 2016, Mr Gao, on behalf of SCI, completed and submitted a credit licence annual compliance certificate to ASIC, in which he certified that none of SCI’s fit and proper people had accreditation cancelled or suspended by a lender.

The alleged offence, which occurred on 15 May 2017, is contrary to section 225(3) of the NCCP Act.

SCI’s ACL was cancelled by ASIC in November 2018 under section 54 of the National Consumer Credit Protection Act 2009 (NCCP Act).

 

The Commonwealth Director of Public Prosecutions is prosecuting the matter after a referral from ASIC.

 

The matter has been adjourned to 11 and 12 March 2021 before the Downing Centre Local Court hearing.

[Related: Former BDM banned for falsifying loan documents]

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Malavika Santhebennur

AUTHOR

Malavika Santhebennur is a content specialist at Momentum Media, focusing on mortgages and finance writing.

Before joining Momentum Media in 2019, Malavika held roles with Money Management and Benchmark Media, where she was writing about financial services.

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