The provision of an accountant's letter or capacity to repay certificate are restricted activities for holders of an Australian credit licence (ACL) under the National Consumer Credit Protection Act 2009 (National Credit Act) or individuals authorised to provide consumer credit advice under an ACL.
Under the Act, the signing of a capacity to repay certificate or providing other similar declarations may be a breach if you are not appropriately licensed.
The provision of a declaration by an accountant that a loan or lease is predominately for business purposes is, as far as CPA Australia can determine, not restricted by the National Credit Act.
However, an incorrect declaration may be deemed to be a false declaration and therefore have legal ramifications that may affect your professional indemnity insurance.
CPA Australia therefore recommend that you do not provide such declarations.
Consumer credit reform (PDF)
Provides guidance on what activities are now covered by the National Credit Act, and what activities can be provided to a consumer without holding an Australian credit licence or being licensed as a credit representative.
Accountant's letters and capacity to repay certificates (PDF)
Provides guidance on accountant's letters, what assistance an unlicensed accountant can provide in the lending process and what activities are exempt under the National Credit Act.