Hindsight Legal Advisers have the technical expertise and practical experience to help both banks and non-bank lenders navigate the complex regulatory requirements that apply to limited recourse borrowing arrangements (LRBA) under the Superannuation Industries Act 1993 (SIS Act).
Our SMSF lawyers are industry experts that have established SMSF lending programs for many of Australia’s leading lenders, acted for numerous banks and lenders on SMSF transactions and are regularly engaged by major lenders to provide SMSF-specific compliance advice.
Our years of experience and thorough understanding of both superannuation and property laws mean we’re uniquely equipped to handle the nuances of financing SMSF loans to acquire property.
Our cost-effective fixed-price SMSF services provide you with certainty, while our dedicated team of expert SMSF lawyers provide you with the comfort of meticulous due diligence and rapid turnaround times.
How we can help
We offer a wide range of comprehensive SMSF services tailored to you, including the following:
We offer full-service mortgage services for SMSF lenders, from reviewing the SMSF Trust Deed, Bare Trust Deed and Contract for Sale all the way through to documentation preparation, execution and settlement. We liaise with brokers, borrowers (including their advisers) and the lender to ensure a compliant and seamless process.
We offer a loan documentation drafting service which provides your lending business with the entire suite of loan documents required to finance SMSF loans. Alternatively, we can review your existing loan documentation and make the required changes required to start providing SMSF loans. Note: SMSF loans are distinct from most other loan types – particularly given they are required to comply with the requirements set out in the SIS Act. Accordingly, it is essential that if you intend to operate an SMSF lending program, you approach an expert in the area to carefully draft your documents (including your loan contract, guarantees and mortgages) to comply with the strict requirements of the SIS Act.
We can review your existing Credit Policy and make the required changes to ensure it appropriately accounts for lending to SMSFs. Alternatively, we can draft a stand-alone SMSF Credit Policy that can be easily integrated into your existing processes.
We provide detailed SIS Act advice to lenders on specific complex SMSF scenarios such as single acquirable assets, in-specie contributions, in-house assets, related party purchases, refinance of related party LRBAs and lost trust deeds (among others).
We are here to help with all of your SMSF lending needs! Get in touch today!
Experience
Our expert SMSF lawyers have assisted several banks and non-bank lenders enter the SMSF lending market in Australia, ensuring that all loans and securities are compliant with superannuation laws.
This includes the following:
Developing market-leading SMSF lending programs, including all underlying policy documentation for many large and small lenders
Undertaking mortgage due diligence and providing comprehensive SMSF advice letters to lenders and SMSF borrowers to ensure all parties are fully aware of the legal implications associated with each SMSF deal
Preparation and issuing loan documents to SMSF borrowers and guarantors
Liaising with SMSF borrowers, guarantors, advisers, brokers and lenders to address any questions raised in relation to the SMSF loan documents or structuring and to satisfy all SIS Act requirements and conditions precedent
Provide solicitor certification to lenders once all requirements have been satisfied
Attending to settlement of a deal, whether in paper or via PEXA
Attending to mortgage registration in a timely and efficient manner, thereby ensuring that our clients’ security interests are perfected and registered correctly to safeguard our clients in the instance of recovery
Providing lenders with SMSF regulatory compliance support
Assisting lenders with undertaking due diligence on their SMSF loan documents, including the provision of enforceability opinions that many funders require
