ASIC refines rule on small business' access to EDR
The Australian Securities and Investments Commission has changed its rules covering small business' access to external dispute resolution services.Currently, small business borrowers can access an EDR scheme's debt recovery legal proceedings jurisdiction when they have been provided with credit by a member of the scheme.What this rule means is that a lender must stop legal proceedings while a complaint is considered by an EDR scheme.From January 1 next year, however, when the loan exceeds A$2 million and the lender has already commenced proceedings in a court, the small business borrower will not have access to EDR.ASIC's view is that $2 million "best delineates between the types of small business credit disputes that are appropriately dealt with at EDR and those that are more complex and would be appropriately addressed in a court."ASIC had considered a $5 million threshold, but it opted for $2 million instead.