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Companies and trusts

What happens if a business purpose declaration is false?

Updated Sept 2026 · Reviewed by The Lienhouse team

It causes problems for everyone involved. A business purpose declaration is a signed statement that a loan is wholly or mainly for business or investment, which takes it outside the National Credit Code. If the statement is false, the person who signed it has made a false declaration, the lender may lose the protection the declaration was meant to give, and anyone who induced the borrower to sign it may have committed an offence.

Key takeaway
Do not sign a business purpose declaration unless it is true. It does not make a personal loan a business loan, and it can leave you worse off.

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The business purpose declaration is a short form with serious consequences. It is the document that separates regulated consumer credit from unregulated business credit. This page covers what happens when it is signed and is not true.

What the law says, in outline

Under the National Credit Code, credit is presumed to be regulated unless the contrary is shown. A declaration in the prescribed form, signed by the borrower, creates a presumption that the loan is for business or investment and so is not regulated. That presumption falls away if the lender, or someone who dealt with the borrower on the lender’s behalf, knew or had reason to believe the money was really for personal use, or would have known had they made reasonable inquiries.

Consequences for the lender

  • The declaration is ineffective, and the loan may be treated as regulated consumer credit.
  • A lender without an Australian credit licence may then have engaged in unlicensed credit activity.
  • Responsible lending and disclosure obligations that were not met can lead to penalties, compensation and orders affecting interest and fees.

This is why a careful lender does more than collect a signature. Expect questions about the business, the ABN, how the funds will be used, and often payment of funds directly to the business creditor, the ATO or a business account.

Consequences for the borrower

  • Signing a statement you know is false can be an offence in its own right, and may amount to obtaining credit by a false statement.
  • You may have given up protections you were entitled to, such as hardship variation rights, and have to go to court to get them back.
  • The loan still has to be repaid. A false declaration does not cancel the debt.
  • If a dispute arises, your own signed declaration will be the first document the other side produces.

Consequences for intermediaries

Inducing a person to make a false or misleading declaration is an offence. That applies to brokers, introducers and lenders’ staff.

Genuine business purposes

Usually businessUsually not
Paying business tax debtsPaying personal credit cards
Working capital, wages, stockRenovating your own home
Buying equipment or a businessA holiday, a car for private use
Settling a commercial or development purchaseBuying a home to live in

Mixed purposes

Where a loan has both business and personal elements, the predominant purpose decides. Be accurate about the split. If the personal part is the larger share, a licensed consumer lender is the right place to go.

The practical point

Lienhouse arranges funding for companies and trusts with genuine business purposes. If the real need is personal, this is the wrong product, and a declaration will not fix that. General information, not legal advice.

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FAQ

Can a broker or lender tell me to sign one to get approved?

No. Inducing someone to make a false or misleading business purpose declaration is an offence under the National Credit Code. Walk away from anyone who suggests it.

What if only part of the loan is for business?

The test is the predominant purpose: more than half the funds, or the main use over time. If most of the money is for personal use, the declaration would be false.

Does the declaration apply to companies?

A loan to a company is already outside the Code, because the Code covers credit to individuals and strata corporations. Lenders still commonly take a declaration as evidence of purpose.

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A genuine business need? Tell us what the funds are for.

The amount, the asset and the timeframe. We’ll match you with a funder and email you their introduction. Reply to it and they’ll be in touch.

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