Credit licensees & mortgage brokers compliance obligations for a trading trust
Computed by the Rules Mate applicability engine for a trading trust in credit licensees & mortgage brokers with 6–19 employees, turnover $1M–$3M, selling to consumers and small businesses.
Short answer: 37 obligations
37 Commonwealth obligations apply to a trading trust in credit licensees & mortgage brokers with 6–19 employees, turnover $1M–$3M (14 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 Pty Ltd company of the same size in credit licensees & mortgage brokers, a trading trust picks up 1 Commonwealth obligation and drops 9.
- Does not apply: Apply for a Director Identification Number (Director ID)
- Does not apply: Comply with directors' general law and statutory duties
- Does not apply: Prevent insolvent trading (s 588G)
- Does not apply: Pay company PAYG/GST/SG or face Director Penalty Notice (DPN)
- Does not apply: Lodge the ASIC annual company statement and review fee
- Does not apply: Determine large proprietary company status annually
- Does not apply: Pay ASIC fees + lodge prescribed forms
- Does not apply: Discharge of directors' duties — practical evidence
- Does not apply: Beneficial ownership transparency (Tranche 3 — under consultation)
Duties that come with being a trading trust
Critical Commonwealth obligations on this profile
- 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)
- Australian Business Number (ABN) application (Every business carrying on an enterprise needs an ABN)
- Lodge Business Activity Statements at assigned frequency (Turnover above the $75K GST registration threshold)
- Make trustee resolutions for trust distributions by 30 June (Trust structure)
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: pty Ltd company
- Credit licensees & mortgage brokers: public company
- Real estate agents: trust
- Accountants & bookkeepers: trust
- Precious metals & stones dealers: trust
- Fintech (non-bank): trust
- Banks & ADIs: trust
- General insurers: trust
Questions
- What compliance obligations apply to a trading trust in credit licensees & mortgage brokers?
- 37 Commonwealth obligations apply to a trading trust in credit licensees & mortgage brokers with 6–19 employees, turnover $1M–$3M (14 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 Pty Ltd company of the same size?
- A trading trust picks up 1 obligations and drops 9, including Make trustee resolutions for trust distributions by 30 June.
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
- Make trustee resolutions for trust distributions by 30 June
- Pay superannuation on every payday (Payday Super)
- Pay employees in accordance with the applicable modern award
- Manage psychosocial hazards at work
- Take reasonable and proportionate measures to prevent sex discrimination, sexual harassment and victimisation (positive duty)
- Comply with NCCP responsible lending obligations
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.