Bare/Property Trust Service
The Bare Trust Deed is a key component within the legal structure and extreme care is required to ensure there are no adverse GST, taxation or stamp duty consequences.
The SIS Act requires where an asset is acquired with the proceeds from a loan, the asset “is held on trust” with the Super Fund being the beneficial owner to the asset at all times. Once the loan is repaid in full the asset can then be transferred to the Super Fund.
It is estimated that 55 to 60% of legal structures fail to satisfy the lender’s requirements. This quite often leads to delayed settlements and penalty interest being applied, which is as a result of the deed rules not containing specific wording/clauses that is unique to each and every lender.
You will have comfort in knowing that the Premium Property Trust Service documentation package has adopted significant changes over the years to not only ensure SIS Act and regulatory compliance, but to also accommodate the individual requirements of the lenders.
Docscentre guarantee that the deeds will pass legal vetting by any lender, however in the rare instance that a particular lender’s requirements change without notice, Docscentre will make the necessary amendments speedily, and free of charge.
Contact SMSF lending specialist Vic Bulfone on 0449 054 793 with any enquiries and email completed forms to vic@fnfc.net.au
Bare Trust documentation can be prepared for both a bank or related party loan to the Super Fund. For non-bank loans, Docscentre also offers a related party loan documentation package.
The Docscentre documentation can be utilised for both residential and commercial property, as well as non-real estate assets such as ASX listed shares.
Docscentre applies the highest degree of due diligence when preparing the Bare Trust and loan documentation to ensure SIS Act compliance and that the lenders requirements are met.
Docscentre offers a full ‘turn-key’ service and, when required, Docscentre will liaise with any of the various parties typically involved in an LRBA transaction, (eg. bank, conveyancer, real estate agent, lenders legal department etc.).
The Premium Property Trust Service package is $795 and includes the following:
- Security Custodian/Bare Trust Deed;
- SIS Act S67A & 67B, Auditors ‘Letter of Compliance’;
- Minutes of Meeting for any/all Corporate Trustees;
- Beneficial Owner Statutory Declarations;
- Trust Deed/s ‘signed off’ by major banks/lenders;
- All documentation individually hand prepared;
- Settlement Agents Letter/Notification of Acquisition by a Trust;
- Stamp Duty summary;
- Purchaser Name on Contract of Sale summary;
- Timing of Contract and Bare Trust summary;
- Legal Support.
Non-Bank / Related Party Loan Documentation
A non-bank / related party loan documentation package is also available. The cost for this package is $685 and includes the following:
- SIS Act Compliant Loan Agreement;
- Guarantee & Indemnity;
- Acknowledgement & Warranties;
- All documentation individually hand prepared;
- Legal Support.
Docscentre can also facilitate LRBA documentation for the purchase of non-real estate assets such as ASX listed shares.
For more information contact SMSF lending specialist Vic Bulfone on 0449 054 793 with any enquiries.