.
Topdocs
Username:
Password:
Home » Documents » SMSF Borrowing Documentation

SMSF Borrowing Documentation

Adviser Price:   Topdocs SMSF Loans - Adviser Pricelist

Retail Price:      Topdocs SMSF Loans - Retail Pricelist

Dealer Groups and Resellers: - Call us on 1300 659 242 for special pricing
Order your Document Information Sheets

  Order Online Now

  SMSF Borrowing – Bank Lender

  SMSF Borrowing – Non-Bank Lender

  SMSF Borrowing - How it Works

  Super Fund Borrowing Qs and As Updated

  SMSF Borrowing Rulings & Releases

 

Documents required to complete an SMSF Borrowing

Topdocs is amongst the most experienced providers of Superfund Borrowing documentation and support in the marketplace. We have provided SMSF Bare Trusts and related borrowing documentation to advisers and their clients since the ability for a Superfund to borrow was introduced in 2007.

Topdocs ensures your clients have every box checked when they enter into a SMSF Borrowing arrangement.  Our team of specialists carefully go over each transaction, ensuring the documentation provided is compliant not only with the s67A legislation, but with the lending institution as well.    

What documentation do I need to facilitate a Superfund Borrowing?

Documents required to complete an SMSF Borrowing

At the most basic level, you will need to have a Bare Trust prepared. The Bare Trust is the document that outlines the terms of the borrowing process, and is required by the Superfund’s auditor and the bank lender. Well drafted Bare Trusts deal with and mitigate the possible CGT and stamp duty issues associated with Superfund Borrowing.

Apart from the Bare Trust, you may also need the following documents prepared or updated:

  • New SMSF Establishment or Deed update - The Deed for the Superfund must contain detailed borrowing provisions, and most pre-2007 deeds will need to be updated. These provisions are required by the auditor and the lender if the lender is a bank.
  • SMSF or Bare Trust Trustee Company Registration - The trustee of the SMSF and the trustee of the Bare Trust cannot be the same legal entity. Many banks require the trustee of the SMSF and the trustee of the Bare Trust to be companies, however this is not a legal requirement. Request a Topdocs Lender Comparison Chart.
  • SMSF Investment Strategy - The Superfund’s Investment Strategy may need to be updated to provide for the borrowing and the increase in holdings in property by the SMSF.
  • Related Party Loan Agreement - if the lender is not a bank, the Fund will need a limited recourse loan agreement prepared.


Topdocs SMSF Bare Trust Documentation

Topdocs prepares both bank lender and related party lender Bare Trust documentation. For related party transactions, we provide a Limited Recourse Loan Agreement for your client to utilise.

Key features of our Bare Trust documentation include:

  • We guarantee our documents will be accepted by every bank in the market place;
  • Our Bare Trust has been refined to ensure it places your client in the best possible CGT and stamp duty position;
  • Each Bare Trust is provided with individual legal signoff, stating the Bare Trust complies with the SIS legislation;
  • We examine each SMSF borrowing transaction on its own merits, to identify any potential related party issues, or general borrowing restrictions.


Other required documentation:

Besides the required Bare Trust documentation, Topdocs also provides a complete suite of associated documents that your clients will need to facilitate a Superfund Borrowing, including:

  • Limited Recourse Loan Agreements;
  • SMSF Establishments and Superfund Trust Deed updates;
  • SMSF Trustee Company registrations;
  • Bare Trustee Company Registrations;
  • SMSF Investment Strategies with clauses allowing for SMSF borrowing;
  • Limited Statement of Advice - some lenders require this.

Documents required to complete an SMSF Borrowing

Superfund Borrowing FAQs