Registration as a Debt Agreement Administrator - Australian Government

Description

You will require this registration if you intend to operate as a registered debt agreement administrator in Australia.

A registered debt agreement administrator is an eligible person nominated by a debtor to handle a debt agreement on his or her behalf. A registered debt agreement administrator assists debtors with information, prepares debt agreement proposals and administers debt agreements.

There are two different kinds of administrators:

  • Individuals - one person is acting alone as an administrator or will have overall responsibility for managing a company's debt agreement activities
  • Company - responsibility is held by the company rather than specific people for managing the debt agreement.

If you are a registered debt agreement administrator and intend to act as an administrator in your own name you will not need separate registration.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

To be eligible for this registration you must:

  • have completed the mandatory qualifications detailed in the regulations
  • attach a criminal database search for yourself or in the name of the company applicant and each individual that is a director for the company applicant.
  • have an overseas police check from any country where you (and all directors of any company applicant) have been a resident for at least one year in the last 10 years
  • submit written evidence of adequate and appropriate professional indemnity and fidelity insurance
  • submit two referee reports attesting that you (and all directors of any company applicant) are a fit and proper person
  • demonstrate that you have the ability, including the knowledge, to immediately perform satisfactorily the duties of a debt agreement administrator
  • demonstrate that you have adequate systems and controls to perform the work of a debt agreement administrator
  • comply with the obligations as set out in the legislation
  • pay the prescribed applicant fee.

Both individuals and companies may apply.

On 27 June 2019, an additional fit and proper test was introduced for individual and company applicants, and directors of any company applicants.

The intent of this new requirement is to ensure that only people with the attributes of honesty, integrity, diligence, judgment, and good character should be allowed to enter and operate within the personal insolvency sector.

Further information can be found in Fit and proper requirements for personal insolvency practitioners.

 

Ongoing eligibility requirements

You must advise enforcement and practitioner surveillance of any changes to your business that might impact on your registration. Changes that should be communicated include:

  • changes of address and contact details
  • changes of financial institution
  • significant system changes, particularly regarding the accounting package used
  • extended absences or likely loss of the registered person in a company with overall management responsibility
  • disciplinary or enforcement action taken against individuals or the company by other regulators, professional associations or dispute resolution schemes changers in company directors.

Commencement

Your application will be acknowledged within 5 business days of receipt of the completed application. If you are eligible, you will be contacted to arrange a suitable date and time for an interview.

If you are successful, a request will be made for:

  • the payment of the registration fee covering the first 3 years of the registration
  • evidence that you have taken out membership with the Australian Financial Complaints Authority (AFCA)
  • evidence that you have taken out insurance against liabilities that may be incurred while working as a debt agreement administrator (both professional indemnity and fidelity insurance) or evidence that you will be covered by such insurance once registered as a debt agreement administrator. A copy of the relevant insurance policy schedule confirming such cover will be requested.

Upon receipt of the registration fee, the registration will be recorded on the AFSA website and registration will commence.

Duration

3 years

Expiry

3 years from commencement of registration. You can apply to be registered for another 3 years as long as renewal is received by AFSA before the end of the initial 3 years.

Fees

Fees Details for this service in table format.

Task Type Business Structure Amount Description
Apply Application All $2200.00

Application for registration. Fees for 2024-25

Apply Licence All $1300.00

Initial registration (3 years). Fees for 2024-25

Renew Renewal All $1700.00

Renewal of registration (every 3 years). Fees for 2024-25

Act(s) name

Bankruptcy Act 1966 Australian Government

Approval time

You will be advised of the outcome of your application within 45 business days of your interview.

Administering agency

Australian Financial Security Authority

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.