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Many SMSF have a structure where the directors of the trustee company of the SMSF are the same persons who are the beneficiaries. In such cases, when the corporate trustee borrows on behalf of the SMSF (usually to invest in real estate) the lender will often require the beneficiaries (in their personal capacity) to Guarantee the loan.
We can provide the necessary SMSF Solicitors Certificate and the Certificate of independent legal advice after reviewing the documents, including the SMSF Trust Deed.
The SMSF Solicitors Certificate are provided for a fixed price – contact us on 08 8278 1779 for details. Advice can be given in person at Blackwood or via Skype video. We understand that often these certificates are required at short notice.
These loans will also usually require that your accountant or financial advisor provide a certificate that you understand the financial implications of such loans.
This is not a simple “witness your signature” exercise, but requires that the Guarantor or Guarantors have read all of the provided information prior to the interview. The interviews generally take around 30 to 45 minutes stepping through our standardised process to ensure that all Guarantors enter into the Guarantee with open eyes and fully informed – unlike Mr and Mrs Amadio
We understand that many Guarantors will already have a very good understanding, but the lenders will still require the SMSF Solicitors Certificate before advancing monies. For more information please see Loans involving Family and Friends at ASIC’s MoneySmart website.
