Richard has been practicing Banking Law for over 25 years with particular emphasis on consumer credit, compliance and government relations.
He is well known in the banking and finance industry for his intimate knowledge of the industry's complex framework and understands the intricacies of banking and finance law as well as their specialist markets. Richard consults to industry associations on compliance and legislative issues, which has given him a unique view of the industry, the issues, banking law and government relations.
Richard provides strategic and tactical assistance to financial institutions and other participants in the finance industry to solve the diverse range of legal issues that confront them in their businesses. This includes providing advice on lending, recoveries, legislative change, compliance and general corporate matters. He has particular expertise in consumer credit, privacy law, anti money laundering, finance broking and other legislation affecting financial institutions. Richard provides advice to Authorised Deposit Taking Institutions (known as ADI’s) and Financial Service providers on a raft of legislative and compliance issues affecting their businesses, including drafting standard template documentation for use in their business.
His experience in this area includes:
- Preparing suites of loan documentation/ policies and procedures for securitisation products in Australia and advising on licensing requirements and compliance.
- Advising on compliance with various legislative and other regulatory requirements including National Consumer Credit Protection Act (NCCP), Privacy Act, Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF), Corporations Act, Australian Securities and Investments Commission (ASIC) Act, Australian Prudential Regulation Authority (APRA) guidelines.
- Advising a UK micro lender on how to establish a web-based Australian lending operation, including advice and structuring, applicable legislation, documentation and procedures required; approach to be taken with regulatory authorities
- Preparation of all documentation, policies and procedures and staff training for an ADI establishing a personal loan lending business Australia-wide, including advising on applicable legislative requirements, drafting standard template loan contracts and security documentation, preparing procedure manuals and training staff
- Drafting and certifying Anti-Money Laundering policies and procedures
- Preparing numerous compliant Privacy policies and advising on a raft of issues associated with this area of law
- Preparing standard template documentation for many ADI’s and securitisation programs
- Ongoing commercial legal advice to a number of ADI’s and securitisation programs
- Advice to many organisations and ADI’s in connection with changes required to be implemented following introduction of the National Credit Act and Code
- Successfully completing numerous Australian Credit Licence Applications
- Advice on and drafting standard template Credit Representative Agreements
- Drafting standard Origination, Mortgage Management and Broker Agreements
- Handling Responsible Lending Obligations for many organisations, including drafting Credit Guides, Credit Quotes and Credit Proposal documents, and setting in place procedures and policies for organisations to follow
- Advising a number of major property wealth creation companies, particularly in relation to lending operations and the interface between their operations and the provisions of the Corporations Act 2001, in particular with regard to financial products and fund raising
- Drafting and settling numerous documents and promotional material
- Acting as ‘sounding board’ for MFAA members in Victoria.