CSC APPOINTMENT OF CREDIT REPRESENTATIVE

Transcription

1 CSC APPOINTMENT OF CREDIT REPRESENTATIVE Background Under section 64 of the National Consumer Credit Protection Act 2009 (Cth) ( NCCP Act ), a credit representative may be appointed in respect of some or all of the licensee s credit activities. A credit representative must: not be subject to a disqualifying event as detailed in Section 64(5) of the NCCP Act ; and be a member of an ASIC-approved External Dispute Resolution ( EDR ) scheme. However, directors and employees authorised by their credit representative company can rely on their company s EDR scheme membership. Directors and employees of a credit representative who are appointed directly by the licensee and contractors of credit representatives must have their own EDR scheme membership. Under this document: we appoint you as our credit representative on the terms set out in this document; and you agree to the terms set out in this document. Information Schedule Our details (us/we): CLIENT SOLUTION CENTRE PTY LTD trading as CSC Home Loans of Level 2, Chandos Street St Leonards NSW 2065 [ACN ] [CREDIT REGISTRATION NUMBER ] ( CSC ) Your details (you): EDR Scheme: NAME OF REPRESENTATIVE Membership number: PI Insurer: N/A covered by licensee s policy Policy No: N/A Amount of cover: N/A Expiry date: N/A CSC APPOINTMENT OF CREDIT REPRESENTATIVE.DOC.s

2 1. Appointment of credit representative We hereby appoint you to engage in the credit activities specified in Schedule 1 on our behalf. You accept this appointment and agree to the terms of this document by signing and returning this document. Your appointment commences on a date we notify you after we have received this document signed by you. We may terminate or amend your appointment at any time. 2. Information about you You represent and warrant to us that the information in Schedule 2 is true and correct. 3. Conduct as a credit representative The following provisions apply during the term of your appointment as our credit representative. You must conduct your business as our credit representative in accordance with procedures specified by us from time to time. Upon our request, you must provide any information or documents requested by us regarding your activities as our credit representative. Despite any training or procedures provided by us and despite anything else, you are liable for any breach of any law including the NCCP Act arising from your conduct or inaction. You must not accept appointment as a credit representative of any other licensee without our prior written consent. You must not obtain an Australian Credit Licence. Your appointment as our credit representative does not make you our employee or general agent. As our credit representative you will provide services to our panel lenders. 4. Claims and breaches You must promptly inform us of: any claim that is made or threatened against you or any of your representatives (ie your directors, secretaries, and employees); and any breach of any law, including in particular the NCCP Act in respect of the conduct of your business as our credit representative. CSC APPOINTMENT OF CREDIT REPRESENTATIVE.DOC.s

3 5. Commissions You hereby acknowledge and direct CSC to pay any commissions to the Contractor referred to in the Contractor Agreement dated 2010 between CSC, the Contractor and yourself at the rates specified in that Contractor Agreement. 6. PI insurance If the Information Schedule indicates that you are to take out professional indemnity insurance: you warrant that the insurance details specified in the Information Schedule are correct including a minimum amount of cover of $2million per claim and in the aggregate you warrant that the policy covers loss or damage suffered by consumers because of breaches by you of any obligations under the NCCP Act or licence obligations you warrant that the policy is available to cover compensation awards made by the EDR scheme to which you belong you must maintain the professional indemnity insurance for six years after you cease to be our credit representative you must not change your professional indemnity insurance without our prior written consent 7. EDR membership You must maintain your membership of the EDR scheme specified in the Information Schedule throughout the term of your appointment and for at least one year after termination of your appointment. 8. Notification of change You must inform us promptly and in any event within two business days of any change to your name or business address. 9. Indemnity You hereby indemnify us on a continuing basis against all or any actions, suits, claims, demands, losses, damages, liabilities, costs and extensions of any nature (including without limitation civil and criminal penalties) suffered or incurred by us at any time actually or contingently arising directly or indirectly out of your conduct as our credit representative or the conduct of your representatives (i.e. your directors, secretaries, and employees). This indemnity continues despite the termination of your appointment as our credit representative. CSC APPOINTMENT OF CREDIT REPRESENTATIVE.DOC.s 2

4 10. Additional obligations The obligations set out in this appointment are in addition to any obligations arising under any other documents or arrangements between us. For example, if there is an origination agreement between us, the obligations in this document are in addition to those set out in the origination agreement. Signed on behalf of CLIENT SOLUTION CENTRE PTY LTD (ACN ) Date Authorised officer Print name Signed by NAME OF REPRESENTATIVE in the presence of: Witness Print name Print address CSC APPOINTMENT OF CREDIT REPRESENTATIVE.DOC.s 3

5 SCHEDULE 1 AUTHORISED CREDIT ACTIVITIES You are authorised to provide credit services as defined in s 7 of the National Consumer Credit Protection Act 2009 (Cth), but only in respect of loans and other products introduced through our arrangements with lenders and other product suppliers. This appointment does not authorise you to provide credit services in respect of loans or other products made available other than through our arrangement with lenders and other product suppliers. CSC APPOINTMENT OF CREDIT REPRESENTATIVE.DOC.s 4

6 SCHEDULE 2 WARRANTIES BY CREDIT REPRESENTATIVE You warrant that you: are not subject to a banning order or disqualification order in relation to any credit activities are a member of the EDR scheme specified in the Information Schedule. are not banned from engaging in a credit activity under a law of the state or territory if a natural person, have not been convicted within the last ten years of serious fraud and are not subject to any order under the Crimes (Criminal Organisations Control) Act 2009 (NSW) or the Serious and Organised Crime (Control) Act 2008 (SA). ( Serious fraud means an offence involving fraud or dishonesty punishable by imprisonment for three months or more.) are not registered, licensed, or appointed (other than pursuant to this document) as a credit representative under the National Consumer Credit Protection Act 2009 (Cth) CSC APPOINTMENT OF CREDIT REPRESENTATIVE.DOC.s 5