• Contact
  • Feedback
Banking Day
Stay Ahead. Stay Informed.
Concise. Candid. Provocative.
Get the daily banking news that matters
Banking Day – Your trusted source for independent financial insights.
Subscribe Now
  • News
  • Topics
    • All Topics
    • Briefs
    • Major Banks
    • Authorised deposit-taking institutions
    • Insurance, funds and super
    • Payments, mobile & wallets
    • Consumer lending
    • Mortgages
    • Business lending
    • Finance regulation
    • Debt capital markets
    • Ratings agencies
    • Equity capital markets
    • Professional services
    • Work & career
    • Foreign news
    • Other topics
  • Free Trial
  • Subscribe
  • Resources
    • Industry events
  • About us
    • About Banking Day
    • Advertise
    • Feedback
    • Contact Banking Day
  • Search
  • Login
  • My account
    • Account settings
    • User Admin
    • Logout

Login or request a free trial

Bankers take issue with ombudsman over business reality

24 May 2018 5:10PM
The Hayne royal commission ended day three of its third block of hearings headed further into business banking thinking, using case studies on "responsible lending to small businesses" and with representatives from the majors on the stand.The focus was lending to people wanting to buy a franchise, and the role of guarantors. This included how the banks treat the information relating to guarantors, following case studies where the financial ombudsman service had ruled against the bank in favour of  borrowers, alleging misapplication of the banking Code of Practice.Kate Gibson, former general manager of small business banking for ANZ, continued on from her evidence yesterday about lending to a customer to purchase a gelato franchise, a business which had not delivered the cash flow expected. She confirmed that ANZ's policy was essentially to "understand the drivers of the customer's cash flow ..., and then analyse historical financial data and assess projected cash flow as the primary repayment source."Gibson took issue with the expectation by the FOS that ANZ should have benchmarked against applicable income to expense ratios used by the ATO. She noted that these are "ratios that talk to particular expense lines as a percentage of turnover. ...but give no indication of the variability of turnover."Her argument was that, if you took this to the logical conclusion,  no new business owner would ever get a loan if they had no assets against which the bank could be guaranteed of repayment nor a spouse or parents who had sufficient income independent of the business.Further, Gibson said, "FOS's view seemed to be that because there was no tangible security that was sufficient to extinguish the liability, that 'second way out' would rely on the income that was available to make the payments on the bank loan.  "And that in considering that serviceability, we should have regard to that individual director being able to afford all of their personal commitments and the entirety of the business loan."She agreed with the characterisation by Michael Hodge, senior counsel assisting the Commissioner, that "FOS was suggesting that it would be necessary - that the relevant income for that second way out would be that at least one director earn income from an unrelated occupation [to the business being purchased]."If that was really what was required of a bank, then it would have "a very significant and detrimental effect on the ability of small businesses to get credit", was one conclusion from the ANZ executive.A similar view was expressed by Alastair Welsh, Westpac's head of commercial banking.Welsh strongly disagreed with the reasoning behind a FOS determination - in this case that a Pie Face franchisee should not have been given a loan (and to much mirth, admitted he had never been to a Pie Face kiosk, so could not say what a small premises was like, in comparison to a 'normal' kiosk).Welsh took issue with the application by FOS of an interest rate "buffer" of three per cent to assess the serviceability of the loan, while Westpac

I'm a returning subscriber

*
Password reset *
Login

Request a free trial

  • Emailing you the news at 7am.
  • Covering core lending and funding issues, strategy, payments, regulation, risk management, IT, marketing and more.
  • Original news and summaries of major stories from other media – ditch your newspaper subscriptions.
  • Focused on banking and finance, saving you the time spent wading through newspapers and other services.
  • With reporting from former editors and senior writers from the AFR and The Australian.
  • Configured for your phone, laptop and PC.
Free trial Banking Day
Stay Ahead. Stay Informed.
Concise. Candid. Provocative.
Get the daily banking news that matters
Banking Day – Your trusted source for independent financial insights.
Subscribe Now

Consumer lending

  • Latitude, Harvey Norman liable for interest free GO card con

Copyright © WorkDay Media 2003-2025.

Banking Day is a WorkDay Media publication

WorkDay Media Unit Trust

  • Privacy policy
  • Terms of access and use