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ASIC Intensifies Oversight on Private Credit Market

ASIC Intensifies Oversight on Private Credit Market

ASIC Intensifies Oversight on Private Credit Market?w=400
The Australian Securities and Investments Commission (ASIC) is fast-tracking its oversight of the private credit market, focusing on retail distribution amidst potential risks in the asset class.
ASIC Commissioner Simone Constant disclosed that the regulator is prioritising this initiative in response to anticipated failures within the sector, as outlined in a discussion paper released earlier this year.

Speaking at the Investment Magazine Fiduciary Investors Symposium, Constant highlighted that this initiative is part of a broader multi-year program. Since the release of ASIC's discussion paper in February, major financial entities like Count have prompted advisors to reassess their involvement with funds associated with Metrics Credit Partners, underlining the ongoing debate regarding the appropriateness of private credit for retail clients.

Constant emphasised the need for scrutiny across the investment spectrum but identified retail investor interactions as a primary area of concern. She stated that ASIC is conducting related surveillance activities concerning the wider distribution of private credit products to retail investors.

The push for more stringent oversight by ASIC is critical as private credit grows in popularity among retail investors. The asset class offers an alternative investment opportunity and a credit source for borrowers, but with the rising distribution, the risks associated with suitability and transparency also increase. ASIC's accelerated attention aims to mitigate these risks and safeguard retail investors from unsuitable or high-risk products.

The regulator's intentions are not to stifle the market but to ensure the distribution practices align with proper governance standards and international benchmarks. Acknowledging the importance of private credit for the economy, Constant asserts that effective oversight and transparency need to be established without hastily imposing new regulations.

ASIC plans to release an expert insight paper to explore the future trajectory of Australia's capital markets, specifically focusing on the private credit environment and international transparency practices. The regulator’s proactive stance indicates an ongoing agenda to address the governance issues identified in recent reports.

Submissions from various industry stakeholders, including superannuation groups and financial councils, emphasise the need for balanced regulatory frameworks. They urge ASIC to avoid regulatory duplications while improving consumer protections. Notably, Super Consumers Australia has called for enhanced scrutiny to safeguard retail investors, particularly those investing in superannuation products.

As the private credit market is poised for growth, ASIC will continue to engage with industry experts and collect extensive feedback to refine its regulatory approach. This balanced strategy aims to increase investor confidence by ensuring the market's evolution is accompanied by robust investor safeguards and transparent practices.

Published:Thursday, 5th Jun 2025
Source: Paige Estritori

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