Credit licensees & mortgage brokers compliance obligations for a Pty Ltd company
Computed by the Rules Mate applicability engine for a Pty Ltd company in credit licensees & mortgage brokers with 6–19 employees, turnover $1M–$3M, selling to consumers and small businesses.
Short answer: 45 obligations
45 Commonwealth obligations apply to a Pty Ltd company in credit licensees & mortgage brokers with 6–19 employees, turnover $1M–$3M (17 critical), plus 14 to check. Risk rating: high. Licensed or supervised regime: credit provider. These carry licence conditions, regulator audit and per-contravention civil penalties.
What the structure changes
Compared with a sole trader of the same size in credit licensees & mortgage brokers, a Pty Ltd company picks up 10 Commonwealth obligations and drops 0.
- Applies: Apply for a Director Identification Number (Director ID) (Incorporated company (Corporations Act))
- Applies: Comply with directors' general law and statutory duties (Incorporated company (Corporations Act))
- Applies: Prevent insolvent trading (s 588G) (Incorporated company (Corporations Act))
- Applies: Pay company PAYG/GST/SG or face Director Penalty Notice (DPN) (Incorporated company (Corporations Act))
- Applies: Lodge the ASIC annual company statement and review fee (Incorporated company (Corporations Act))
- Applies: Determine large proprietary company status annually (Proprietary company)
- Applies: Apply for a Tax File Number for new entities and partnerships (Separate entity (company, trust, partnership or fund))
- Applies: Pay ASIC fees + lodge prescribed forms (Incorporated company (Corporations Act))
- Applies: Discharge of directors' duties — practical evidence (Incorporated company (Corporations Act))
- Applies: Beneficial ownership transparency (Tranche 3 — under consultation) (Unlisted company)
Duties that come with being a Pty Ltd company
- Apply for a Director Identification Number (Director ID): Every director needs a Director ID before appointment — apply via ABRS.
- Comply with directors' general law and statutory duties: Directors owe duties of care and diligence (s 180), good faith (s 181), no improper use of position (s 182) or information (s 183).
- Prevent insolvent trading (s 588G): Directors must prevent the company incurring debts while insolvent — or face personal liability.
- Pay company PAYG/GST/SG or face Director Penalty Notice (DPN): Directors personally liable for unpaid company PAYG, GST + SG via DPN regime.
- Lodge the ASIC annual company statement and review fee: Every Australian company has an annual review date — confirm details and pay the fee.
- Determine large proprietary company status annually: Test the three large-prop thresholds at the end of each financial year — failing any two triggers Chapter 2M reporting.
- Pay ASIC fees + lodge prescribed forms: Companies must pay annual fees + lodge prescribed forms within statutory periods (e.g. Form 484 for changes).
- Discharge of directors' duties — practical evidence: Directors must contemporaneously document discharge of duties for defence in s 180-183 cases.
- Beneficial ownership transparency (Tranche 3 — under consultation): Proposed beneficial ownership register for unlisted companies and trusts — consultation through 2024-2025; commencement TBD.
Critical Commonwealth obligations on this profile
- Apply for a Director Identification Number (Director ID) (Incorporated company (Corporations Act))
- Comply with directors' general law and statutory duties (Incorporated company (Corporations Act))
- Prevent insolvent trading (s 588G) (Incorporated company (Corporations Act))
- Pay superannuation on every payday (Payday Super) (You have employees (6–19))
- Pay employees in accordance with the applicable modern award (You have employees (6–19))
- Manage psychosocial hazards at work (You have employees (6–19))
- Take reasonable and proportionate measures to prevent sex discrimination, sexual (You have employees (6–19))
- Comply with NCCP responsible lending obligations (Credit licensee industry)
Check whether these apply
- Mortgage broker best interests duty: only if you are a mortgage broker
- Comply with Design and Distribution Obligations (DDO): only if you issue or distribute retail financial or credit products
- Small Amount Credit Contract + Consumer Lease caps (post-SACC reforms): only if you provide small amount credit contracts or consumer leases
- Design and Distribution Obligations (DDO) — RG 274: only if you issue or distribute retail financial or credit products
- Lodge an FBT return and pay FBT by 21 May: only if you provide fringe benefits (cars, entertainment, loans) to employees
- Wash outbound marketing lists against the Do Not Call Register: only if you make outbound telemarketing calls
- Influencer + ad disclosure under ACL + AANA Code: only if you advertise to consumers or engage influencers
- Pre-2025 ban on unsolicited credit limit increase invitations: only if you issue credit cards
State and territory law
This page counts Commonwealth obligations only. Payroll tax, workplace safety, licensing and other state duties depend on where the business operates; the industry's state pages list them.
Other structures and industries
- Credit licensees & mortgage brokers: sole trader
- Credit licensees & mortgage brokers: trust
- Credit licensees & mortgage brokers: public company
- Real estate agents: pty Ltd company
- Precious metals & stones dealers: pty Ltd company
- Fintech (non-bank): pty Ltd company
- Banks & ADIs: pty Ltd company
- General insurers: pty Ltd company
- Superannuation trustees: pty Ltd company
Questions
- What compliance obligations apply to a Pty Ltd company in credit licensees & mortgage brokers?
- 45 Commonwealth obligations apply to a Pty Ltd company in credit licensees & mortgage brokers with 6–19 employees, turnover $1M–$3M (17 critical), plus 14 to check. Risk rating: high. Licensed or supervised regime: credit provider. These carry licence conditions, regulator audit and per-contravention civil penalties.
- What changes compared with a sole trader of the same size?
- A Pty Ltd company picks up 10 obligations and drops 0, including Apply for a Director Identification Number (Director ID).
Related
- Credit licensees & mortgage brokers: all obligations
- Compliance obligations by structure
- Compliance obligations by industry, state and size
- Comply with NCCP responsible lending obligations: does it apply to credit licensees & mortgage brokers?
- Mortgage broker best interests duty: does it apply to credit licensees & mortgage brokers?
- Comply with Design and Distribution Obligations (DDO): does it apply to credit licensees & mortgage brokers?
- Register security interests on the PPSR: does it apply to credit licensees & mortgage brokers?
Sources
- Apply for a Director Identification Number (Director ID)
- Comply with directors' general law and statutory duties
- Prevent insolvent trading (s 588G)
- Pay company PAYG/GST/SG or face Director Penalty Notice (DPN)
- Lodge the ASIC annual company statement and review fee
- Pay ASIC fees + lodge prescribed forms
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.