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Security Trust Deed

Information - SMSF Borrowing Trust Deed - Limited Recourse Borrowing Deed


When borrowing from external Lender (Bank) - $165 incl. GST
$140 (Incl. GST) If bundled with Corporate Trustee

When borrowing from related party - $495 incl. GST
$445 (Incl. GST) If bundled with Corporate Trustee

Our system instantly automatically generates a legal property custodian trust (PCT) deed and all required documents to enable your Self managed super fund to borrow under Section 67A & 67B of Superannuation Industry (Supervision) Act 1993 and instantly emails them to you.

Before you read further information on this page we strongly recommend you to download and read our information document which describes how our borrowing structure works and how you can use borrowing strategy effectively within your Self managed super fund (SMSF).

We are the only PCT deed providers who offer FULL back up support at NO ADDITIONAL COST by our technical director; Mr. Manoj Abichandani who has worked in SMSF Space as an accountant, Registered Tax Agent and auditor for over two decades with a SMSF specialist CPA firm advising clients on complex SMSF strategies and has vast experience in setting up tax structures for clients. At the time of writing (January 2016) he has helped over 5263 trustees to put the borrowing structures together for their SMSF's. He regularly conducts seminars on this topic, click here to book for his next free seminar.



Two Types of Lenders can lend to your SMSF - means two different sets of documents

Self managed super fund can borrow from a bank (or a 3rd party which is not related to members of the SMSF) or from a related party, namely the members, or other related entities of members such as a family trust or a company. Documents required by these two different types of lenders to the SMSF are different.

Our top quality legal documents come with the lowest online price tag in Australia.

Money back guarantee:
if you do not like our legal documents for any reason we will be happy to return our fees without asking any questions.

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How does borrowing by SMSF work for different types of lenders?

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Borrowing from a bank or an unrelated party Borrowing from a related party
Click here to download a power point presentation on How can a SMSF borrow from a Bank? Click here to download a power point presentation on How can a SMSF borrow from an Internal Lender?
Click here to download word document on Steps which a SMSF trustee has to take in purchasing property with borrowing from an external lender like a bank. Click here to download word document on Steps which a SMSF trustee has to take in purchasing property with borrowing from an internal lender, such as from members, related trusts and company.

To purchase anything from our website you have to register with us - registration is free Click here to register



What is included in our package?

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By using our online system you can build your Property Custodian Trust Deed in less than 20 minutes and receive instant email of;

Borrowing from a bank or an unrelated party Borrowing from a related party
  • Property Custodian Trust Deed (Bare Trust Deed) to create a beneficial interest of the SMSF in the property being purchased by the SMSF
  • Minutes and Consents
    • Revolving minutes to validate the instalment warrant arrangement
    • Statutory Declaration to establish Real Owner relationship with Office of State Revenue
    • Updated Investment Strategy to include borrowing Risk in your current Investment Strategy
  • Compliance certificate from our solicitor Battalion Legal certifying that Property Custodian Trust deed complies with the requirements of ss 67A and 67B of the Superannuation Industry (Supervision) Act 1993 (Cth).
  • Instruction Sheet on What to do next
  • Property Custodian Trust Deed (Bare Trust Deed) to create a beneficial interest of the SMSF in the property being purchased by the SMSF
  • Minutes and Consents
    • Revolving minutes to validate the instalment warrant arrangement
    • Statutory Declaration to establish Real Owner relationship with Office of State Revenue
    • Updated Investment Strategy to include borrowing Risk in your current Investment Strategy
    • Loan application form by SMSF members to the related party
  • Instruction Sheet on What to do next
  • Loan Document between related entity and trustee of the SMSF

To purchase anything from our website you have to register with us - registration is free Click here to register



Before you purchase our PCT Deed

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You must ensure that you have:

  • taken legal and financial advice and specifically that borrowing by your SMSF (and members) is the best strategy under your personal circumstances;
  • a Self managed superannuation fund with a corporate trustee (this company can be a special purpose SMSF trustee company). If you do not have a Self managed super fund you need to first set up a corporate trustee then set up the SMSF with a corporate trustee. You can set up a corporate trustee from any other source or from us for $565 Incl. GST on our website click here for more information. You can set up a Self managed super fund on our website for $125 Incl. GST click here for more information.
  • a SMSF with a corporate trustee. If the trustee(s) of your SMSF are individual members of the fund, you will need to change the trustee of the fund to a corporate trustee. In our solicitors opinion, if the SMSF borrows the trustee of the SMSF must be a corporation. Click here for steps on how to change to corporate trustee of your SMSF. If you do not want to change the trustee of your SMSF from individuals to a corporation, then you can not purchase Property Custodian Trust deed and related documents from us.
  • a SMSF structure and your SMSF trust deed allows trustees to borrow. Most SMSF trust deeds which were drafted prior to January 2008 may not have this provision. You can update your SMSF trust deed on our website for $125, click here for more information.
  • a corporate Trustee of your Property Custodian Trust. This company is a standard company and you can set up this company from any other source or purchase from our website for $565 Incl. GST. click here for more information. Note: You do not need to have bank accounts for this company or lodge tax returns or apply for tax file number (TFN), Australian Business Number (ABN) or GST registration.
  • a solicitor who will assist you in purchase of property for your SMSF. It is expected that your solicitor is aware
    • that property has to be held on trust by the property custodian trustee on trust for the trustee of the SMSF;
    • of steps involved in purchase of property where your SMSF borrows to pay the vendor;
    • that loan documents of external party (bank) is a non-recourse loan;
    • on issues relating to any personal guarantees demanded by external lenders. We can provide full back up support to your solicitor at no extra cost to you.

To purchase anything from our website you have to register with us - registration is free Click here to register



Our PCT Deed and Documents

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Below are some of the features of our PCT deed:

  • Property Custodian Trust Deed for your SMSF borrowing strategy including related loan documents are prepared by a specialist superannuation law firm: Batallion Legal; providers of the most technically robust Self Managed Super Fund trust deeds - a niche, multicultural, corporate and commercial law firm, with specialist expertise in tax and superannuation
  • We provide your SMSF all related legal documents which you will ever need to put your borrowing structure in place such as, minutes, statutory declaration and Risk investment strategy. Further, if a related party is lending money to your SMSF, we also provide loan application form & loan documents at no extra charge.
  • Our documents are written in plain English and are easy and simple to read.
  • We provide a comprehensive Instruction sheet on what to do next that is, How, When & What to do next, in the process of purchasing property with borrowing in your SMSF.
  • Our PCT deed and other related legal documents are always up-to-date. Our documents are constantly reviewed and updated as Government requirements change and specifically complies with SIS Act & Regulations.
  • Time is not wasted searching for lost deeds, Users (advisors and trustees) have online access to their PCT deeds on our innovative Document Manager, 24/7 from anywhere in the world.
  • Our unique electronic registration technology means we can offer the fastest service possible at a very reasonable price.

To purchase anything from our website you have to register with us - registration is free Click here to register



Some of the benefits of using our system are :

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There is no need to buy SMSF property custodian trust deed from traditional shelf company formation providers via fax or mail, you can create your PCT Deed from specialists, instantly with us. Other benefits are:

  • For advisors, clients can sign all necessary legal documents whilst they wait, instead of second appointments for executing documents;
  • Our fees are only $165 (Incl. GST) when borrowing from external lender (Bank) and $495 (Incl. GST) when borrowing from related party! By using our system you save time, energy and money for yourself and your clients;
  • You can keep your SMSF trust deed up to date (optional) by purchasing 5 years unlimited updates for an additional $165 click here for more information;
  • We can also print (optional), professionally bound in a deluxe indexed binder and express deliver anywhere in Australia to your nominated address for an additional fee of $55 (Incl. GST).
  • You can manage all your legal documents on our smart document retrieval system. All documents are stored on our website for ever, secured by your user name and password, for future downloads.

To purchase anything from our website you have to register with us - registration is free Click here to register



How it Works?

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The process to build PCT Deed, takes less than 20 minutes

  • After you register with us, you simply log on to your secured area (protected by your user name and password) on our website, PCT deed can be created under SMSF TOOLS  and personalized with answers from you to our online cleverly designed easy questions.
  • All questions come with clues to answers and explanations. At completion of all questions, confirm your answers and pay us by credit card (Master card or Visa) for instant delivery or after payment by EFT or by cheque.
  • We instantly email your newly formed tailored PCT Deed and other related documents and instructions sheet for your needs, any time of day and any day 24/7.
  • We store your trust deed (password protected) on our website for you to download from anywhere in the world 24/7 from our innovative document manager.

To purchase anything from our website you have to register with us - registration is free Click here to register

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CLIENT TESTIMONIALS

I purchased a Discretionary trust deed for one of my clients some time back. When my clients approached their financial institute with some specific request for this trust, financial institute wanted some modifications in trust deed specific to client’s request. When I contacted Trustdeed narrating them the issue involved, they not only helped us but provided the supplementary documentation free of charge as well. Not only their products and services are good but their after sales support and service are exceptional too.

Suresh Swarna
B.com, C.A(I), CPA, PNA
Cognizant Accountants

We have used a few providers over the last 6-7 years for incorporting companies and trusts for our clients and recently we used the services of www.trustdeed.com.au and their team for the first time for a related party SMSF borrowing arrangement. We don’t have words to explain how efficiently the team handled the documentation and the quality of advice provided to all our queries. Trustdeed.com.au is definitely a service provider with a difference. We highly recommend their services.

Mr. Taran Aujla
CPA Tax Accountants
A&A Financial Services Pty Ltd

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More Information

Our trust deeds

We will arrange for you to speak with Batallion Legal, free of charge

Specific legal advice

Batallion Legal will charge for this service.
Please visit http://www.batallion.com.au

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