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CW Asset Finance | Vehicle & Equipment Finance Yorkshire

← All finance questions

Do I need to be FCA authorised to offer finance to my customers?

It depends on who your customers are and how involved you get. Finance to an incorporated business for business use sits outside the FCA consumer credit regime, so for a dealer selling to limited companies the permission question largely does not arise — which is why plenty of dealers work with a broker holding no permission of their own.

Where it changes is the customer. Sole traders and partnerships are individuals in law, not companies, so their agreements can fall inside the regulated regime depending on the amount and the purpose. Broadly, business-purpose lending above £25,000 to an individual sits outside the regime while smaller amounts may not, but check the current position rather than relying on a remembered figure. Finance to a private individual for personal use is regulated in full, with the associated protections and disclosure duties.

Then there is what you actually do. There is a spectrum between mentioning that finance exists and arranging it, and it turns on your conduct rather than your intention. Handing over a broker’s number and stepping back is one end. Discussing which product suits, helping fill in an application, presenting monthly figures or steering a customer toward a particular funder is well along the other. The further along that spectrum you are with a customer whose agreement is regulated, the more likely you are carrying on credit broking — which needs either your own FCA permission or an appointment under someone else’s.

Two things push you along that spectrum faster than dealers expect. Being paid a commission or fee for introductions makes it considerably harder to argue you were only passing on a name. And advertising counts: “finance available” on your website, brochure or forecourt board is a financial promotion, as is a “finance from £X per month” banner, whether or not anyone meant it that way.

This is general information, not legal or compliance advice, and your position depends on your customer mix. CW Asset Finance is itself an Appointed Representative of Rural Finance Limited (FRN 630701), which covers CWAF’s own credit broking. It does not extend to you. There is a fuller explanation on the offering-finance-regulations page.

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CW Asset Finance is a credit broker, not a lender. Finance is subject to status and lender approval.