Business & commercial
Solicitor's certificates in Victoria.
Your lender will not settle until a solicitor certifies that you understood what you were signing. CMK Legal in Richmond provides certificates of independent legal advice for guarantors, borrowers, SMSF trustees and company directors, usually within a few days, in person or by video.
Solicitor-drafted
Certificates signed by a solicitor after a real explanation, not a counter-signing service.
Practical timeframes
Appointments usually available within 2 to 3 business days, including video.
Fixed fee, quoted first
Small fixed fee, quoted and payable up front, per certificate.
Australian commercial law
Garcia principles, NCC and lender certificate requirements.
What a solicitor's certificate is.
A solicitor's certificate, often called a certificate of independent legal advice, is a signed statement by a lawyer confirming that they explained the loan, guarantee or security to you, that you appeared to understand it, and that you signed it freely and without pressure from anyone else.
Lenders require them to reduce the risk of the transaction being set aside later. The leading authority, Garcia v National Australia Bank, established that a guarantee given by a volunteer who does not receive a direct benefit, and who did not understand the transaction, can be unenforceable. Independent advice is the lender's answer to that risk, which is why the certificate must come from a solicitor who does not act for the borrower or the lender.
The most common triggers are a spouse or family member guaranteeing a business loan, a parent providing their home as security for a child's mortgage, a director guaranteeing a company facility, SMSF limited recourse borrowing arrangements, and guarantees given for a related company. Financial advice certificates from an accountant are sometimes required alongside ours.
The advice must be genuinely independent. A solicitor already acting for the borrower or the lender in the same transaction cannot give the certificate, and a certificate signed without a proper explanation is worth nothing to anyone.
What the appointment covers.
What you are actually guaranteeing
The amount, whether the guarantee is limited or all-monies, whether it covers future advances, and how long it lasts. Many guarantors are surprised to learn a guarantee continues after the original loan is repaid.
What the lender can do if it goes wrong
Demand, default interest, possession and sale of the secured property, and recovery of any shortfall from you personally. We spell out the worst case, because that is the point of the meeting.
That you are signing freely
The meeting is held with you alone, without the borrower present. If pressure or a lack of understanding is apparent, we will say so rather than sign, which protects you far more than the certificate would.
Certificate in the lender's own form
We complete the exact certificate your lender requires, witness the security documents where needed and return the executed pack to the broker or lender the same day.
You will likely need a certificate if.
- You are guaranteeing a loan for a company you do not benefit from directly
- You are a spouse or partner signing for a business loan
- You are a parent putting your home up as security for a child
- You are a director guaranteeing a company facility or lease
- Your SMSF is entering a limited recourse borrowing arrangement
- You are signing a mortgage over property you do not occupy
- The lender has sent a certificate for a solicitor to complete
- A broker has told you settlement is held up pending independent advice
Bring photo ID and the complete document pack, including the letter of offer. Missing pages are the usual reason an appointment has to be rescheduled.
How to get your certificate.
- 01
Send the pack
Email the loan, guarantee, security documents and the lender's certificate form, with your settlement date.
- 02
Book the appointment
In person in Richmond or by video, usually within two to three business days. Each guarantor is seen separately.
- 03
The advice
We take you through the documents, the exposure and the consequences of default, and answer your questions in private.
- 04
Signing and witnessing
You sign the documents, we complete and sign the certificate and witness where the lender requires it.
- 05
Return to the lender
The executed pack and certificate go back to your broker or lender the same day so settlement stays on track.
Transparent certificate fees.
Certificates of independent legal advice are a small fixed fee per person, quoted when you send the documents and payable before the appointment. Where several guarantors need separate advice for the same transaction, we quote the group up front. There are no ongoing costs, the engagement ends when the certificate is issued.
FAQs
Solicitor's certificate FAQs.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Why does the lender require independent advice?
Can the same lawyer advise both of us?
How long does the appointment take?
Can it be done by video?
What if I do not want to sign after the advice?
How quickly can you see me?
Related services.
Guarantees & securities
Personal guarantees, mortgages, GSAs and PPSR registrations explained and negotiated.
Learn moreBanking & finance
Facility agreements, security documents and settlements reviewed before you sign.
Learn moreLoan agreements
Private, family and commercial loans documented and secured properly.
Learn moreNeed independent legal advice signed off?.
Send us the documents or tell us what you are planning. Start online in a few minutes, or book a consultation and speak to a commercial lawyer the same business day.