Fintech (non-bank) compliance obligations for a trading trust
Computed by the Rules Mate applicability engine for a trading trust in fintech (non-bank) with 6–19 employees, turnover $1M–$3M, selling to consumers and small businesses.
Short answer: 31 obligations
31 Commonwealth obligations apply to a trading trust in fintech (non-bank) with 6–19 employees, turnover $1M–$3M (11 critical), plus 16 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); 11 critical obligations apply.
What the structure changes
Compared with a Pty Ltd company of the same size in fintech (non-bank), 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))
- 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)
- Withhold PAYG from employee and contractor payments (You have employees (6–19))
Check whether these apply
- Major banks must provide CDR Banking + Action Initiation (2026): only if you are an accredited CDR data recipient
- 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
- Consumer Data Right (CDR) participant accreditation + compliance: only if you are an accredited CDR data recipient
- Payment Service Provider (PSP) licensing reform — implementation pending: only if you provide payment or stored-value facilities
- Comply with Stored Value Facility rules (banking exception): only if you provide payment or stored-value facilities
- Influencer + ad disclosure under ACL + AANA Code: only if you advertise to consumers or engage influencers
- Comply with CDR Banking (Open Banking) — major + non-major ADIs: only if you are an accredited CDR data recipient
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
Questions
- What compliance obligations apply to a trading trust in fintech (non-bank)?
- 31 Commonwealth obligations apply to a trading trust in fintech (non-bank) with 6–19 employees, turnover $1M–$3M (11 critical), plus 16 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); 11 critical obligations apply.
- 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
- Fintech (non-bank): all obligations
- Compliance obligations by structure
- Compliance obligations by industry, state and size
- Major banks must provide CDR Banking + Action Initiation (2026): does it apply to fintech (non-bank)?
- Consumer Data Right (CDR) participant accreditation + compliance: does it apply to fintech (non-bank)?
- Register R&D activities for the R&D Tax Incentive: does it apply to fintech (non-bank)?
- Payment Service Provider (PSP) licensing reform — implementation pending: does it apply to fintech (non-bank)?
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)
- Australian Business Number (ABN) application
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.