Afterpay's recent rally has ended with the stock trading at $14.93 this afternoon, or 0.73 per cent down on yesterday's close. The stock has risen more than four dollars in the past week.
Today's Rear Window column by Myriam Robin in the AFR sheds some light on why the brakes are being applied:
As Afterpay's share price rose 37.8 per cent over the past few three trading days on positive US expansion figures, the Treasury Department on Friday quietly released draft legislation that could bring the Australian operations of the soaring no-interest lender under the regulation of ASIC.
Strangely though, the only group that appears to have noticed is the Consumer Action Centre. It put out a press release on Friday applauding the new legislation, which it said would target "unregulated short-term credit like buy-now pay-later", the sector in which Afterpay is the most successful provider.
The legislation, which will now go through a period of open consultation, proposes to formally institute a recommendation of the Financial System Inquiry that called for a product intervention power be given to ASIC allowing it to intervene when there is a significant risk of consumer detriment (as opposed to the current system, which allows it to get involved after the case). The government proposes to allow ASIC to use this power broadly, including over products ASIC doesn't currently regulate that are "functionally similar irrespective of the legal basis on which the provider offers those products". Short-term credit (that less than 62 days, or two months in duration) is explicitly given as an example of such products.
When we called around, there was some dissension, however, about whether the legislation would capture Afterpay. The company, founded by the increasingly wealthy Nick Molnar and Anthony Eisen, is unique in its model even within the buy-now pay-later sector. Its two-month loans don't charge interest, and are free for consumers if they pay on time (otherwise, there are late fees). However, the proposed legislation can be read to collapse these distinctions by its reference to functional similarity. And it seems to strike a balance in that Afterpay wouldn't be regulated like a regular lender, but it would give ASIC the power to intervene if it feared customers were being harmed.
Even if there is a bit of uncertainty surrounding this, for the $3.2 billion company, now one of Australia's largest by valuation, it strikes us as rather odd we haven't seen more discussion of this. Though maybe it's hard to hear the slow grinding of policy formation over the sound of investors popping the champagne corks.