SMSF services
Amendments to an SMSF for borrowing.
An SMSF can only borrow under a limited recourse borrowing arrangement, and only if the deed expressly permits it. Lenders check the deed before they approve, and a silent or outdated deed stops the loan.
Lawyer prepared
SMSF documents prepared by a lawyer with your auditor in mind.
Fast turnaround
Establishment packs and deed updates in one to two business days.
Fixed fee, quoted first
Fixed fee quoted first, including any trustee company costs.
Compliant documents
Drafted to the SIS Act and current ATO positions.
What the deed must allow.
The deed needs express power for the trustee to borrow under section 67A of the SIS Act, to acquire a single acquirable asset through a holding trust, to grant limited recourse security, and to make the instalment payments and eventual transfer of the asset to the fund.
We review the deed against the lender's requirements and the SIS provisions, prepare the amending deed and trustee resolutions, and coordinate with the bare trust documentation so the whole arrangement is consistent.
Related party loans must be on arm's length terms consistent with the ATO's safe harbour guidance, or the income can be taxed as non-arm's length income at the top rate.
Why it pays to have this done properly.
Finance approval is not held up
Deed powers and resolutions in the form the lender's solicitors expect, provided before conditions become urgent.
SIS compliance preserved
Amendments drafted to the limited recourse rules, including the single acquirable asset requirement.
Aligned with the holding trust
The deed, bare trust and loan documents are drafted to work together rather than contradict each other.
Is this you?.
- The fund is buying property with borrowed money
- A lender has raised a condition about your deed
- The fund is refinancing an existing LRBA
- A related party loan needs to be documented properly
If any of these sound familiar, a short conversation will tell you whether this is the right document, and what it costs, before you commit.
How it works.
- 01
Tell us what you need
Start online or call us. We take short instructions, names, roles, structure and timing, and confirm this is the right document for what you are actually trying to achieve.
- 02
We check the detail
We confirm eligibility, consents, existing documents and any tax or duty consequence before drafting, so nothing is discovered after lodgement.
- 03
We prepare and lodge
We draft the amending deed, trustee resolutions and lender-facing documents, send it for signing with clear instructions on who signs what and when, and attend to any ASIC, State Revenue Office or ATO lodgement.
- 04
You get a complete file
You receive executed documents, registers and confirmations in a single organised pack, plus a short note on what to keep and what happens next.
Fees.
Fixed fee for the deed amendment and resolutions, usually within one business day. Bare trust documentation and conveyancing are quoted alongside.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Can an SMSF borrow for renovations?
What is a single acquirable asset?
Do we need a corporate trustee?
Related services.
Bare trust: SMSF
The holding trust that owns the asset while your SMSF repays the loan.
Learn moreUpdate to SMSF
Bring an older SMSF deed up to current superannuation law and practice.
Learn moreSole-purpose trustee company
A special purpose company constituted solely to act as trustee of an SMSF.
Learn moreReady to get started with amendments to smsf for borrowing?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.