Introduction
Registered Financial Corporations (RFCs) are entities that engage in the provision of finance as part of their business operations in Australia, and are required to comply with the Financial Sector (Collection of Data) Act 2001 (FSCOD Act.)
To be a ‘registrable corporation’, a corporation must meet the requirements of section 7 of the Act – having assets of more than $50 million and being involved in the borrowing of money and the provision of finance.
Those corporations meeting these criteria are required to register with APRA.
APRA has several roles in governing RFCs to the terms of the Act:
- Registration of RFCs
- Deregistration of RFCs
- Collecting data from RFCs to facilitate statistical analysis and regulatory oversight as regards reporting and operational standards.
Registered Financial Corporations differ from entities regulated by APRA (known as “regulated entities”) as they are not subject to supervisory oversight.
List of Registered Financial Corporations
The current list of Registered Financial Corporations is available here. APRA must keep this register of entities and make it available for inspection by any member of the public.
This is not a list for the purposes of subsections 11(4) and (5) of the Act. A list for the purpose of subsection 11(4) is prepared and published by APRA in the Gazettes - Federal Register of Legislation on an annual basis.
Registration
Registration eligibility
In general, the FSCOD Act applies to any corporation which engages in the provision of finance while carrying on business in Australia. Section 7 of the Act outlines the characteristics of corporations subject to the Act.
The meaning of ‘provision of finance’
Section 32 of the Act explains the meaning of the expression ‘provision of finance’. Provision of finance includes:
- the lending of money, with or without security;
- the carrying out of activities, whether directly or indirectly, that result in the funding or originating of loans or other financing;
- the supplying of goods by way of hire-purchase;
- the sale (other than a lay-by sale), in the course of the carrying on of a business of selling goods by retail, of goods on terms under which payment in full for the goods is not required to be made before the expiration of 3 months from the day on which the goods are sold or agreed to be sold;
- the letting on hire of goods;
- the acquisition of debts due to another person;
- the purchase of bills of exchange or promissory notes;
- the purchase of securities issued by the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory;
- the purchase of debentures or other securities (other than shares) issued by a corporation.
The provision of finance does not include:
- the provision of financial advice;
- intra-group financing activity between corporations that are related to one another.
Non-eligible corporations
Corporations specifically excluded from being registrable under the Act include banks, building societies, credit unions, public authorities, friendly or benefit societies, insurance companies and companies authorised by a law of a State or of a Territory to act as an executor, administrator and trustee.
Other corporations which are not registrable corporations for the purposes of the Act include corporations:
- whose assets in Australia, consisting of debts due to the corporation resulting from transactions entered into in the course of the provision of finance by the corporation, do not exceed $50 million in total; and
- where the principal amounts outstanding on loans or other financing, as entered into in a financial year, do not exceed $50 million in total.
Registering as a Registered Financial Corporation
If a corporation determines that it is a registrable corporation, then it must provide APRA with the following documents to register as an RFC:
Ensure you complete all three (3) tabs within the initial return.
- A copy of the corporation’s last audited statement of financial position
Please complete and submit these documents to APRA via email at DataAnalytics@apra.gov.au.
Submitting data to APRA
Once registered, RFCs must adhere to specific reporting requirements, which may include:
- Submitting financial data on a monthly, quarterly, or annual basis.
- Providing updates to APRA regarding any significant changes in their operations or financial status.
APRA will confirm these requirements to the RFC upon registration.
Further information for corporations regarding requirements is given on these pages: