ASIC wants to wind up Tassie debenture firm

ASIC/australian-securities-and-investments-commission/trustee/

10 December 2013
| By Staff |
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The Australian Securities and Investments Commission (ASIC) wants to shut down a Tasmanian debenture firm, which it says failed to meet the strict legal requirements of its investment offering.

Braddon Investment and Finance Pty Ltd, a Smithton-based business that raises funds through unsecured deposits then lends money back to the public, was required to put a number of safeguards in place as part of its debenture arrangements.

However, ASIC alleged to the Supreme Court of Tasmania that Braddon failed to appoint a trustee to act in the interest of investors.

It also failed to secure a trust deed, according to ASIC — another requirement for debenture companies.

"As the company is not in a position to comply with the law, ASIC is moving to wind it up on just and equitable grounds," ASIC Commissioner John Price said.

As a result, ASIC has called for a liquidator to be brought in.

ASIC stressed that the appeal to the court, which will be heard on December 17, does not allege dishonesty or insolvency.

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