Powered by MOMENTUM MEDIA
the adviser logo
Compliance

Regulator cancels credit licence of Queensland group

by James Mitchell5 minute read
Calculator

ASIC has cancelled the ACL of a Queensland-based credit provider.

The corporate watchdog today announced that Smithson & Baye, a credit provider based in Brisbane and Paradise Point, Queensland, has had its Australian Credit Licence cancelled.

To continue reading the rest of this article, create a free account
Already have an account? Sign in

ASIC found that Smithson & Baye had contravened its obligations under the National Credit Act, noting the regulator also had reason to believe Smithson & Baye is not a fit and proper party to engage in credit activities.

According to ASIC, there is also no reasonable prospect that the defects in Smithson & Baye's compliance with the National Credit Act can or would be remedied.

Advertisement
Advertisement

The cancellation of Smithson & Baye's credit licence is part of an ongoing ASIC investigation into a property and self-managed superannuation fund (SMSF) promoting group. The group includes the companies formerly called Heritage Financial Solutions Australia Pty Ltd (in liq) (Heritage Financial Solutions) and Sunpac Finance Pty Ltd (Sunpac Finance).

The sole director and shareholder of Smithson & Baye, Mr Ricardo Viana, is also the sole director and shareholder of Sunpac Finance.

ASIC's investigation involves cases of advice to investors to establish an SMSF for investment in real estate in Queensland and the arranging of finance for those investments.

Smithson & Baye purported to have accepted assignment of, and was collecting payments from borrowers in respect of, additional loans provided to clients of Heritage Financial Solutions and Sunpac Finance, beyond that which mainstream lenders would lend, to assist those clients to purchase real estate in Queensland through SMSFs.

ASIC found that Smithson & Baye failed to keep adequate financial records, comply with notices to produce documents, comply with its licence conditions, ensure its representatives comply with the credit legislation and ensure its representatives were adequately trained.

Separately, ASIC has concerns about the way the loans and property ownership have been structured and advises anyone who obtained advice or finance from people associated with Heritage Financial Solutions, Sunpac Finance, Smithson & Baye or Vegeta Pty Ltd (in liq) to contact their lender and obtain independent professional advice to ensure that the loans to their SMSFs and their property ownership have been structured in compliance with the trustees' superannuation law obligations.

Following the cancellation of its licence, Smithson & Baye is no longer permitted to engage in credit activity and will therefore be in breach of the National Credit Act if it continues to collect interest payments or receive repayments of capital from borrowers.

ASIC's investigation is continuing.

Smithson & Baye has the right to appeal to the Administrative Appeals Tribunal for a review of ASIC's decision.

Regulator cancels credit licence of Queensland group
calculator
TheAdviser logo
calculator

James Mitchell

James Mitchell

AUTHOR

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

JOIN THE DISCUSSION

You need to be a member to post comments. Register for free today

MORE FROM THE ADVISER

mark lewis fast ta llosc4

In Memoriam: Mark Lewis, 1963–2022

Mark Lewis passed away on Saturday (13 August). Mr Lewis was a well-known identity in the third-party broker...

READ MORE
anthony waldron mortgage choice ta ithtxm

Broker expertise key for securing right loan: Mortgage Choice

The data, which is derived from a June survey of 1,002 broker customers and conducted by Honeycomb Strategy,...

READ MORE
Mark Bouris new ifa

Brokers need to focus on the ‘value-add’: Mark Bouris

With competition among brokers increasing as the number of brokers rises – coupled with the fact that fewer...

READ MORE
magazine
Read the latest issue of The Adviser magazine!
The Adviser is the number one magazine for Australia's finance and mortgage brokers. The publications delivers news, analysis, business intelligence, sales and marketing strategies, research and key target reports to an audience of professional mortgage and finance brokers
Read more