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January 9, 2023 13 mins

Have you been asked by your client to provide an accountant’s letter to a financier to help them secure a new loan or mortgage? Are you unsure how you should respond, the risks and where you stand legally? This episode of Small Firm, Big Impact takes you through the latest guidance from Chartered Accountants ANZ. It explores the legal implications for accountants of financing letters, why it’s recommended members exercise a high degree of caution, and the importance of sticking to the facts. Plus, we take you through what CA ANZ is telling lenders about accountant’s financing letters. Chartered Accountants ANZ General Manager – Professional Standards Kristen Wydell FCA joins CA ANZ Public Affairs Manager – Australia, Gillian Bowen to explain.

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Episode Transcript

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Gillian Bowen (00:07):
Hello, my name is Gillian Bowen. I'm the Australian manager
of Public Affairs at Chartered Accountants, ANZ or CA ANZ. This
is Small Firm, Big Impact.

Kristen Wydell (00:21):
I think podcasts like today, Gill, webinars like the other week,
notices on our on our website, trying to get the
message out there about the risks of these types of engagements.
Members frequently decline engagements and decline clients. This is no different.
We've been writing to lenders and to their associations to

(00:41):
to let them know that we will we have and
will continue to advise our members not to complete such requests.

Gillian Bowen (00:50):
It's the podcast giving you and your clients the up
to date information you need to do your jobs. Each
fortnight I share resources, tools and expert advice provided by
CA ANZ and a range of people across our profession.
Follow the pod in your favourite product and if you've
got an idea for the show email podcast at Chartered

(01:11):
Accountants ANZ .com Today we have Chartered Accountants ANZ General Manager,
Professional Standards Kristen Wydell in the studio. The topic accountant's
financing letters. Kristen, welcome to Small Firm, Big Impact.

Kristen Wydell (01:27):
Gill thanks for having me.

Gillian Bowen (01:29):
Okay, let's set this up. What's an accountant's financing letter?

Kristen Wydell (01:35):
Well, the first thing is there's no such thing as
a standard accountant's financing letter. They don't even really have
a name. They sort of go by a few different
names and they vary from lender to lender. And even
sometimes within lenders. We've had different examples from someone. We've
even actually heard of them coming through with rental property
when people are seeking a rental property as well. So

(01:55):
it's morphing and expanding. I think in a nutshell that
any sort of letter, certificate or form that's provided by
an accountant in connection with a client borrowing some money.

Gillian Bowen (02:07):
Okay.

Kristen Wydell (02:07):
Or leasing. So borrowing, leasing interchangeably. It's more common for
clients who are small business owners or self-employed. You and
I can just get a certificate from our employer about
a salary and wages. So it's that small business, sole practitioner
place where this is really common.

Gillian Bowen (02:24):
Hmm. Okay. Yes, that's right. So we can use payslips, essentially.
And they need something else to say this is the
money that's coming in. This is the money that's going
sort of thing.

Kristen Wydell (02:32):
Well, the bank say they need.

Gillian Bowen (02:34):
Let's do it.

Kristen Wydell (02:34):
Let's drill into that later. Y es.

Gillian Bowen (02:36):
Okay. So then that does help me lead into why
are we talking about this today?

Kristen Wydell (02:42):
We're talking about it today because we've had calls come
through to the professional standards query line from members asking
about what to do when they've received this request. I
did a webinar recently where there was so much interest
from members and so much feedback that they didn't know
what to do. They weren't sure how to respond. They
were feeling pressured by clients, by banks. And so this is,

(03:03):
I think, a chance for CA ANZ to try and reach
another pocket of the membership that may not know what
to do when they receive these sorts of requests from
the clients. Hmm.

Gillian Bowen (03:13):
Okay. So that's interesting then. So you've mentioned our members
and our SMPs. Why is it important for them to
understand what this is and why we're saying what we're
saying about this space?

Kristen Wydell (03:26):
Because whilst at one level, it sounds sort of simple,
the bank wants a letter. Hmm. This is incredibly risky
for our members. This is real high risk, low return
work for members. And so they need to be alert
to it if they're not. And they need to manage
their risk appropriately.

Gillian Bowen (03:44):
Hmm. Okay. That's a good point. We will drill into
that as well. So, first of all, let's have a
look at what the request usually involves. What does it
look like?

Kristen Wydell (03:54):
Well, it can.

Gillian Bowen (03:56):
It's how long you got.

Kristen Wydell (03:57):
Yeah, How long is a piece of string? Um these. These
requests can vary extensively. So if I give you an example,
we've seen requests for. Please tell me how. Please give
me a copy of the member's tax return from last year.
Seems pretty innocuous. Please tell me what their income was
for last year. We've also had seen templates that ask

(04:20):
for will the assets be used for business purpose? I
don't know. I'm not the business owner. I don't know
what the asset is going to be used for. Will the client continue
to have this level of income for the next five years? Hmm.
We're not crystal ball gazers. We're accountants and we can deal
in the facts of what our client has today. Mm hmm.

(04:40):
So they, they vary all over the place.

Gillian Bowen (04:43):
Okay, so let's look in to then say you're an
accountant or an SMP, and you do do this for
your client. What are the negative implications of doing this letter?

Kristen Wydell (04:56):
First of all, Gill, I probably say that clients that
members should avoid doing these, they should politely decline and
maybe come. If we get time, we'll talk some tips
of how they might do that.

Gillian Bowen (05:06):
Yeah, I think that's a good idea.

Kristen Wydell (05:08):
There's a couple of really negative implications for this. The
first is if the client defaults on the loan and
the bank takes action against the accountant based on the statement,
our advice from PI brokers who work with quite a
number of CA ANZ members is that you will not be
covered by standard accounts by policy.

Gillian Bowen (05:24):
Mhm. Okay. No bells going off.

Kristen Wydell (05:27):
You're doing something for no PR with no cover. Okay. Very,
very dangerous. Very risky. We're actually aware and we've and
I'm trying to find the name of the case, but
we've heard via other sources that there was an accountant
who was sued to the tune of over $400,000 in
legal fees.

Gillian Bowen (05:44):
Mm hmm.

Kristen Wydell (05:45):
This is not a good place for accountants to be.
I think the other thing to be aware of, as
well as a lot of these services can be regulated
by the National Consumer Credit Protection Act. And if you're
not licensed under that act, then you could find yourself
in trouble for providing services that do require a licence.

Gillian Bowen (06:01):
Mm hmm. You've mentioned professional indemnity insurance. Should we just
drill down into that specifically for a sec? What is it
that you really want members to know in this space?

Kristen Wydell (06:12):
Gill, This I guess my message here is relevant to
any type of services that members provide. Always check with
your PI broker. If there's something that you're doing that's new.
Something is a little bit more risky, something that's a
bit out of the ordinary. You need to check that
you have PI cover because the last thing you want
is to be doing a service and then finding out
two years down the track that it wasn't covered. So.

(06:34):
So it is absolutely, categorically, please check if you if
you are going to do this and I recommend you don't.
But if you are, check with your PI broker that you
will be covered with PI.

Gillian Bowen (06:44):
This then goes nicely into what I'm thinking is the
next line of questioning about what is the latest advice
from Chartered Accountants ANZ on this. I know members want
want to know what it is.

Kristen Wydell (06:56):
So the latest advice is that you are strongly advised
to decline an engagement request like this from your client.
The lenders do not need an accountant's letter to provide
a loan. There's no legislative requirement. This is just the
banks asking for it. So our advice is to decline them.
If you feel that you don't want to decline them,

(07:19):
then you should rate this at your highest risk engagement level.
That means that you will respond to it appropriately.

Gillian Bowen (07:26):
Okay. So are there any exceptions?

Kristen Wydell (07:31):
The exceptions for me would be if you have if if,
if it was me in practice, I would be checking
my PI policy. I would be sticking to absolute fact. Nothing
future fore gazing, no fact, absolute fact. My client has
this amount of income and I think I'd also be
checking to make sure that the service I'm providing doesn't require

(07:53):
a licence. Mhm. And. And then go forth. Yeah. Oh sorry.
And my other two or two other hot tips. Do
an engagement letter for it so you and your client
know exactly what you're doing and potentially get legal advice.

Gillian Bowen (08:06):
How are we helping members encourage their clients to do
other things instead?

Kristen Wydell (08:13):
I think podcasts like today, Gill webinars like the other week,
notices on our on our website, trying to get the
message out there about the risks of these types of engagements.
It's very difficult to provide templates or model answers or
any of that because they vary in all way shapes
and forms. So it's about providing information to members. Members

(08:36):
frequently decline engagements and decline clients. This is no different.

Gillian Bowen (08:40):
So if you're thinking about that, you've got a client
who is pressuring them to do it. Is there, you know,
sentences or advice that we are giving members to say
to their clients, this is the reason why I'm not
doing that?

Kristen Wydell (09:00):
I think we have to remember all our practitioners want
to help them, help their clients. That's what we become
chartered accountants for. And I think it's important that we
but we have to draw the line because at the
end of the day, if we sign off on something
as an accountant we're, we're accepting some risk for that.
So I think explaining that to clients is important. I'd
also suggest offering to help the client to collate their

(09:22):
records and information in a professional manner so they can
present it to the bank. They can look for another
lender and they can also, or broker. So not everybody is
asking for accountant's letters. So I think it's about helping
the client but not delivering anything.

Gillian Bowen (09:37):
Mhm. That's a good point that you could bring everything
together for them in an easy manner. That then makes
me think about what are we doing to ensure that
everyone is on the same page. By everyone I mean
the lenders, the banks, you know, asking future mortgagees to
get a letter such as this from their accountant.

Kristen Wydell (09:53):
In the. Over the last 12 months we've been writing
to lenders and to their associations to to let them
know that we will we have and will continue to
advise our members not to complete such requests. We'll continue
to do that. And as we get sent information from
members about new, new lenders that are asking for accountants
letters , we have a standard letter that we will

(10:15):
send to them.

Gillian Bowen (10:16):
Hmm. Well, that sounds like a call out that if
you're listening along to this today and you are receiving
requests from new lenders that perhaps CA ANZ hasn't heard about,
that is still asking accountants for these sorts of letters. Let
us know so that we can then take the action
that Kristen's talking about. What is APRA said, so that's the
Australian Prudential Regulatory Authority. They're the regulator of the financial

(10:37):
services industry. What have they said about all of this?

Kristen Wydell (10:40):
Yeah, we had a meeting with APRA, some of their representatives,
because the residential mortgage lending PG 223 .

Gillian Bowen (10:49):
Oh, yes.

Kristen Wydell (10:50):
No. No. Yes. Yes. I mean, it does refer to
accountancy letters in there and people sort of and this
is where some of the lenders are going. Well, RG
requires it. It doesn't require it. It provides it as
an example of one of the items you might be
requested to get. So we've spoken to them. They understand
our concerns, but they don't have any plans at the
moment to reissue or update RG 223. But we'll be

(11:13):
looking out for it when the time comes and, you know,
putting our comments in.

Gillian Bowen (11:18):
Why are the banks, you know, and lenders and and
these sorts of people even asking for this type of
letter because aren't they doing their own checks?

Kristen Wydell (11:26):
Gill You're absolutely right. They should be doing their own checks.
They're not. And that's why we are you know, we're
trying to get the message out there that we shouldn't
be part of their risk assessment. We actually think that
automation may actually start to see a decline in these
types of letters. If you think about the access to
ATO records, to BAS records, things like that. The banks

(11:48):
can suck it up from the system and get it themselves.
So we hope that that might help with some of
the the requests .

Gillian Bowen (11:54):
Do their own analysis sort of thing without, you know,
potentially someone else having to do that, look, and at
the end of the day, lenders can approve a loan
without getting this letter from an accountant.

Kristen Wydell (12:07):
Absolutely.

Gillian Bowen (12:08):
Mm hmm. We'll leave that one there. Look, what's next?

Kristen Wydell (12:13):
What's next is that we will continue to advocate on
behalf of the members to with with the lenders, with
the associations to try and limit or stop this sort
of behaviour. We can't make the banks do you know,
we can't tell them what to do. But we can
continue to advocate on on a member's behalf. And I
think it's about members also looking at different ways they

(12:35):
can help their clients with professional well, put together documentation, accounts,
business plans and things like that where we can help
the client rather than giving something directly to the bank.

Gillian Bowen (12:48):
Mm hmm. And look, we have plenty of resources and
all this information on our website, and I will put
links to this if you want to find out more
so that you can find it in the show notes.
That is it for episode four. We just whipped through
it just so we could give you some information on
what we were thinking on this topic. And the other
thing is have you listened to the other episodes from
season three? We've covered recent ATO changes to work from

(13:10):
home deductions, cyber security for SMPs and remuneration and the
fight for talent. Follow the pod to find them or
click the link I've put in the show notes for you.
The podcast has an email as well, so feel free
to get in touch. Podcast @ Chartered Accountants ANZ .COM Let's
start a conversation. Thank you Kristen Wydell for letting me pick
your brains on Small Firm, Big Impact.

Kristen Wydell (13:31):
Gill Thank you so much for having me. Bye-Bye.
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