{"id":262355,"date":"2025-11-04T16:49:09","date_gmt":"2025-11-04T16:49:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/262355\/"},"modified":"2025-11-04T16:49:09","modified_gmt":"2025-11-04T16:49:09","slug":"asic-shone-a-light-on-private-lending-and-did-not-like-what-it-saw","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/262355\/","title":{"rendered":"ASIC shone a light on private lending and did not like what it saw"},"content":{"rendered":"<p class=\"paragraph_paragraph__iYReA\">The corporate regulator is threatening Australia&#8217;s nascent private lending industry with tighter regulation if it does not see a significant lift in standards.\u00a0<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The rapidly growing lending sector, known as private credit, has extended around $200 billion worth of loans, much of it to higher-risk real estate players and property developers at interest rates well above those offered by banks.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">It raises most of its money from private investors via both wholesale and retail funds.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The Australian Securities and Investments Commission (ASIC) has released a lengthy paper outlining ways to bring the sector into line with practices in the banking sector.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">ASIC chairman Joe Longo stressed that the aim of the exercise was to encourage investment by ensuring confidence in both public and private markets.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;We want to encourage the market as a whole,&#8221; he told a media briefing on Tuesday.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">A little over a year ago, ASIC launched a surveillance program that covered a wide range of industry participants to identify shortcomings and front-run potential threats.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">What it uncovered was inconsistent and unclear reporting, risks that had been downplayed, opaque fee structures, conflicts of interest and poor valuation practices.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">It also resulted in action against one of the biggest players, La Trobe Financial, owned by Canadian asset manager Brookfield, which was forced to temporarily block investments in one of its flagship retail funds.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The stand-off was resolved a little over a month ago when <a class=\"Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.afr.com\/companies\/financial-services\/la-trobe-vs-asic-how-a-single-word-settled-the-stop-order-stoush-20250925-p5mxvs\" data-component=\"Link\" rel=\"nofollow noopener\" target=\"_blank\">La Trobe agreed to make alterations to its investment documentation<\/a>.\u00a0<\/p>\n<p><img decoding=\"async\" alt=\"A logo says 'ASIC'.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2025\/11\/bc7b3a2b9b3705080fc8bc233780e170\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">ASIC has outlined ways to bring the private lending industry into line with practices in the banking sector. (Supplied: asic.gov.au)<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Despite the revelations, ASIC commissioner Simone Constance reiterated that private credit, when done well, was good for the economy and for the country.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;The problem is that it is not consistently done well,&#8221; she told the briefing.<\/p>\n<p>How you became a banker to high-risk borrowers<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The deep dive into private and public credit markets is the latest step in an 18-month exploration into the workings of our equity markets, including the ASX Ltd.<\/p>\n<p>&#8220;Markets aren&#8217;t some abstract construct,&#8221;  Mr Longo said.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;They represent the money and investment flowing through our economy. They are literally the lifeblood that lets businesses grow and employ people.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;To that end, we want to ensure that we&#8217;re making active choices about how these markets develop so we get the markets we want.&#8221;<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The alternative, he said, was that Australia could end up a passive recipient of changes from outside, which may not be for the better.<\/p>\n<p>Loading&#8230;<\/p>\n<p class=\"paragraph_paragraph__iYReA\">When it comes to private markets, Mr Longo noted that their acceptance has been driven by the incredible rise of the Australian superannuation system, which has become one of the biggest savings pools on the planet, and which has consistently sought out higher yields.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Most Australians now are exposed to private markets through their super funds, but an increasing number of local investors \u2014 particularly those with self-managed super funds \u2014 are following suit.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">According to the ASIC chairman, collaboration between government and regulators will be required to create a solid framework and foundations for markets to thrive.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">And he insisted that, for ASIC to achieve its aims, law reform will be required.<\/p>\n<p>Loading&#8230;<\/p>\n<p class=\"paragraph_paragraph__iYReA\">ASIC&#8217;s interest in private credit was spawned by the incredible growth in companies accessing funds and investors seeking out lending yields well above those available from traditional banks.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Ms Constance noted that private credit had expanded at a phenomenal 500 per cent during the past decade.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The combination of that growth with a rapidly expanding pool of superannuation funds could result in a potential lift in risk, if not properly overseen.<\/p>\n<p>&#8220;Our goal here is to ensure private credit has strong foundations to continue growing from, to try and avoid future disruption,&#8221;  she explained.Do not ask, do not get told<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Lack of disclosure was one of the key failings of many in the private credit industry, particularly around the interest rate differential between investor earnings and borrowing costs.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">ASIC found private credit retail funds delivered returns between 4 per cent and 10 per cent to local investors. But those same funds were charging borrowers between 2.5 per cent and 44.51 per cent.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">In one case study, a private credit fund&#8217;s portfolio make-up changed significantly over five years.<\/p>\n<p><a href=\"https:\/\/www.abc.net.au\/news\/2025-02-26\/shift-towards-private-investment-worries-asic\/104982260\" data-component=\"FullBleedLink\" class=\"RelatedCard_link__rsgR9 FullBleedLink_root__lTw_U interactive_focusContext__yRhc_ interactive_defaults__AKxUU FullBleedLink_showVisited__g3Xvz\" rel=\"nofollow noopener\" target=\"_blank\">Private investment shift worries regulators<\/a><\/p>\n<p class=\"Typography_base__sj2RP RelatedCard_synopsis__cFwMW Typography_sizeMobile14__u7TGe Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Increasing amounts of investment dollars are moving into the private realm and the number of companies on stock exchanges is declining, catching the attention of ASIC.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Initially, the fund comprised senior debt, which traditionally carries much greater security. But in the past two years, it had quietly shifted its lending towards higher risk loans with less security, and even equity like investments with almost no security, in an effort to improve its yields.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">According to ASIC, one of the imperatives driving the investigation into the growth of private lending markets was the sheer volume of cash being pumped in by big super funds.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Many already believe they are overexposed to Australian stocks and are looking elsewhere for decent returns and to diversify their earnings.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;If I was to point to one critical feature of our markets that&#8217;s dramatically changed in recent times and is going to make an even bigger impact, is the superannuation money flowing into the system,&#8221; Mr Longo said.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;And so we&#8217;re now looking at between 20 and 25 per cent, depending on the fund, of their funds that they have for investment going into private markets.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;I mean, that is a profound phenomenon,&#8221; he said.<\/p>\n<p>Loading<\/p>\n","protected":false},"excerpt":{"rendered":"The corporate regulator is threatening Australia&#8217;s nascent private lending industry with tighter regulation if it does not see&hellip;\n","protected":false},"author":2,"featured_media":262356,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[5799,2001,64,63,70900,99,153944,153947,20834,153943,153946,153945,16570,69996],"class_list":["post-262355","post","type-post","status-publish","format-standard","has-post-thumbnail","category-business","tag-asic","tag-asx","tag-au","tag-australia","tag-australian-securities-and-investments-commission","tag-business","tag-corporate-regulation","tag-la-trobe-financial","tag-private-credit","tag-private-equity-investments","tag-private-lending","tag-private-listing","tag-regulation","tag-stock-exchange"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/262355","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=262355"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/262355\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/262356"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=262355"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=262355"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=262355"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}