Credit licensees & mortgage brokers compliance obligations for a public company
Computed by the Rules Mate applicability engine for a public company in credit licensees & mortgage brokers with 100–499 employees, turnover $10M–$100M, selling to consumers and small businesses.
Short answer: 55 obligations
55 Commonwealth obligations apply to a public company in credit licensees & mortgage brokers with 100–499 employees, turnover $10M–$100M (18 critical), plus 20 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 Pty Ltd company of the same size in credit licensees & mortgage brokers, a public company picks up 2 Commonwealth obligations and drops 1.
Duties that come with being a public 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.
- Maintain auditor / financial reporting (Chapter 2M): Large proprietary, public and disclosing entities must prepare and lodge audited financial reports.
- Comply with corporate whistleblower protections (Part 9.4AAA Corporations Act): Public companies and large proprietary companies must have a whistleblower policy and protect disclosers.
- 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
- Notifiable Data Breach (NDB) scheme (Annual turnover over $3M — an APP entity under the Privacy Act (s 6D))
- 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 (100–499))
- Pay employees in accordance with the applicable modern award (You have employees (100–499))
- Manage psychosocial hazards at work (You have employees (100–499))
- Take reasonable and proportionate measures to prevent sex discrimination, sexual (You have employees (100–499))
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
- ASRS Group 2 climate disclosure — FY commencing on/after 1 July 2026: only if you meet 2 of 3 Group 2 tests (revenue ≥ $200M, gross assets ≥ $500M, 250+ employees) or report under NGER
- Small Amount Credit Contract + Consumer Lease caps (post-SACC reforms): only if you provide small amount credit contracts or consumer leases
- AASB S2 Scope 3 emissions + assurance phase-in: only if you meet 2 of 3 ASRS size tests (revenue ≥ $50M, gross assets ≥ $25M, 100+ employees) or report under NGER
- Design and Distribution Obligations (DDO) — RG 274: only if you issue or distribute retail financial or credit products
- Lodge mandatory climate-related financial disclosures (ASRS S2): only if you meet 2 of 3 ASRS size tests (revenue ≥ $50M, gross assets ≥ $25M, 100+ employees) or report under NGER
- Lodge an FBT return and pay FBT by 21 May: only if you provide fringe benefits (cars, entertainment, loans) to employees
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: pty Ltd company
- Real estate agents: public company
- Fintech (non-bank): public company
- Banks & ADIs: public company
- General insurers: public company
- Aged care providers: public company
- NDIS providers: public company
Questions
- What compliance obligations apply to a public company in credit licensees & mortgage brokers?
- 55 Commonwealth obligations apply to a public company in credit licensees & mortgage brokers with 100–499 employees, turnover $10M–$100M (18 critical), plus 20 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 Pty Ltd company of the same size?
- A public company picks up 2 obligations and drops 1, including Maintain auditor / financial reporting (Chapter 2M).
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
- Maintain auditor / financial reporting (Chapter 2M)
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.