Loan Tip: Why Brokers cannot Help with Margin Loans

Discussion in 'Loans & Mortgage Brokers' started by Terry_w, 29th Mar, 2022.

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  1. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    A margin loan is classed as a financial product and to advise on margin loans the person would need an AFSL or Australian Financial Services Licence, or to be an Authorised Representative of an AFSL holder.

    Brokers generally have a different licence, an Australian Credit Licence or ACL, or be an Authorised Representative of an ACL holder.

    Some rare people hold both (I used to but not anymore due to the cost)


    Relevant Legislation

    S 761EA Corporations Act 2001

    S 763A Corporations Act 2001


    ASIC’s commentary can be found at Margin lending | ASIC - Australian Securities and Investments Commission
     
    oracle likes this.
  2. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Margin loans also come with license issues for financial advisers. They cant charge upfront or ongoing investment fees like they used to. Super complex advice etc. Margin facilities also tend to be "tied"to the lender and its a bit like a platform limits choice eg wraps. This can be restrictive and controlled.

    Margin loans come with too many conflicts eg rate is 5% + when a OO equity loan can be 2%ish. Less control and a far broader product choice. No margin calls. Many parties (incl stock brokers) encourage such investors to follow the path of least resistance and encourage property equity loans.
     

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