Unregulated business loans – Considerations for lenders

Small and medium-sized enterprises (SME) account for the vast majority of businesses operating in Australia and yet obtaining business finance from the country's top bank lenders can be a challenging and time-consuming exercise for them. Unsurprisingly, there seems to be a growing preference amongst businesses in recent years towards non-traditional lending options due to less stringent requirements, giving rise to an increase in private lenders operating in the space.

Private loans to corporate entities are generally subject to fewer regulations, which makes the application and approval process quicker and easier.

The National Credit Code

The National Credit Code (NCC) together with the National Consumer Credit Protection Act 2009 (Cth) (Act) is a national framework for the regulation of credit agreements with effect from 1 July 2010, where: