If you or your company is a provider of consumer credit (lender) or a mobile trader, and you are not already licenced or authorised by the Financial Market Authority or Reserve Bank of New Zealand, you must be certified under Part 5A of the Credit Contracts and Consumer Finance Act 2003 (CCCF Act) by the Commerce Commission.
To get certification you must satisfy us that you (if you are sole trader) or your directors and senior managers (if you are a company) are fit and proper persons to hold your positions – financially sound, honest, reputable, reliable and competent to do the job.
Certification becomes compulsory from 1 October 2021 as part of changes to the CCCF Act. From this date, you must be both certified by the Commission and registered on the Financial Service Provider Register (FSPR) to provide lending or mobile trading services.
Please note: If you are currently registered on the FSPR then certification will not be required until you complete your next annual confirmation after 1 October 2021.
The aim of certification is to set a high standard of personal and professional integrity for those involved in providing a lending or mobile trading service. You can find background information on the Fit and Proper Person consultation process here.
We have developed guidance which explains the criteria for determining whether someone is fit and proper to perform their role.