ASIC "queries" delay Prospa listing
Small business lender Prospa Group yesterday shelved its widely anticipated stockmarket listing after the Australian Securities and Investments Commission queried the terms of the company's standard loan contracts.Prospa and its joint leader managers Macquarie Capital and UBS requested a postponement of the listing until Friday.ASX investors were notified of the company's unusual move only 15 minutes before the Prospa scrip was due to begin trading on the exchange.In a clumsily worded and unsigned statement to the ASX, the company cited matters raised by the ASIC on Tuesday as the reason for the deferral."The joint lead managers and Prospa are seeking to clarify queries raised by ASIC yesterday in relation to Prospa's small business loan terms, in the context of an industry wide review into financial services small business loan terms," the company told the ASX."Consequently the listing is expected to be postponed for approximately 48 hours."The filing could indicate that the joint lead managers and company directors are concerned that the wording of loan contracts might not comply with statutory requirements.Under recent changes to credit laws, a ban on unfair terms in loan contracts that previously only applied to consumers has been extended to business borrowers.ASIC deputy chair Peter Kell last month wrote to lenders active in the small business market to notify them that the regulator was reviewing loan contracts to ensure they did not contain unfair terms and conditions.Kell also warned business lenders in March that ASIC would take action against any lender found to be in breach of the new legal standards."ASIC will review small business lending contracts across the market," Kell said in March."There are no excuses for failure to comply with the unfair contract terms laws, and we will consider all regulatory options to us if we identify lenders whose unfair contracts break the law."Since Prospa issued its prospectus, some equity analysts have raised concerns about the company's failure to definitively confirm that its credit contracts were compliant with legal requirements."We have reviewed our loan contract in relation to unfair contract terms in July 2015 and again in September 2017," Prospa states on page 37 of its prospectus."We will continue to review our loan contract as and when required in light of relevant case law and regulatory guides that may be issued."The Prospa float is expected to be among largest on the ASX this year, with the company valued at around A$576 million.The group specialises in lending up to $250,000 to unsecured borrowers via its online origination platform.Chairman Greg Ruddock believes the company's $200 million loan book makes it the largest online lender to small businesses in Australia.According to the prospectus, the group posted a net loss of $2 million last year on interest income of $50.8 million.The business is forecast to generate a profit of around $2 million in 2018 on the back of a steep rise in interest revenue.