Independent Legal Advice for SMSF Guarantors
Borrowing through a Self-Managed Superannuation Fund (SMSF) involves specialised lending structures and additional legal considerations.
Where an SMSF acquires property using a Limited Recourse Borrowing Arrangement (LRBA), lenders may require trustees or related parties to provide guarantees as part of the financing arrangement.
If you have been asked to guarantee an SMSF loan, it is important to understand that the guarantee can create personal obligations separate from your responsibilities as a trustee.
During your appointment we explain:
- the structure of the borrowing arrangement;
- your obligations under the guarantee;
- when the lender may enforce the guarantee;
- the interaction between the guarantee, the loan documents and the SMSF structure.
Because SMSF lending is highly specialised, it is essential that guarantors understand both the lending documentation and the legal consequences of providing a personal guarantee.
If your bank or lender has requested an Acknowledgement of Independent Legal Advice or a Solicitor's Certificate, our experienced Victorian lawyers are here to help.
We offer fixed-fee pricing, fast turnaround times, and convenient online or in-person appointments to ensure your loan settlement stays on track.