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SMSF Loan Agreement

SMSF Loan Agreement - Cost $110 Incl. GST

Our system instantly generates a SMSF loan agreement and other related documents like an information kit and instruction sheet on what to do next. The documents are instantly emailed to you.

Why do you need a SMSF Loan Agreement

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The Superannuation Industry (Supervision) Act 1993 (SISA) contains a number of investment restrictions with which the trustees are required to comply.

One of the Investment restrictions which trustees have to follow under Section 65 of SIS Act is that they may not lend money or give any other financial assistance using the resources of the fund to (i) a member of the fund; or (ii) a relative of a member of the fund.

A SMSF may lend money to a related party of the fund including associates. Such loans are called in-house assets of the fund and must not exceed 5% of the market value of the fund's assets. Any such loans where the market value of the in-house asset exceeds 5% of the total market value of the SMSF's assets, trustees must have a written plan under Section 82(2) of SIS Act, to reduce this ratio within 12 months. A SMSF can lend more than 5% to an un-related party to the SMSF.

All loans from a SMSF must have a loan agreement to evidence that a loan is in place and to prove that there is no early withdrawal or early access of funds. Many SMSF auditors insist that a loan agreement should be in place and a caveat lodged against the borrower's assets. There could be stamp duty payable on these transactions, it is recommended that trustees seek their own independent legal advice.

Our unique electronic registration technology means we can offer the fastest service possible at a very reasonable price.

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What should the trustees do when lending

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Trustees must ensure that they have taken suitable accounting and legal advice.

The SIS Act and Regulations requires the trustees and investment managers to invest and maintain SMSF's assets at arm’s length. A SMSF must consider below issues, among other things, at the time of lending.

  • No lending to a member of the fund or a relative of a member;
  • Loan to a related party of the fund should not be higher than 5% of the market value of the fund;
  • All Loans are properly documented (such as our loan agreement) or the loan will be treated as unlawful withdrawal and contravene Section 65 of SIS Act;
  • All aspects of the loan to a related party, including interest rate, repayment terms and obligations of borrower are on a commercial and arm's length basis (Section 109 of SIS Act);
  • Related parties have paid interest & principal as per the loan agreement to the SMSF, before the end of each financial year;
  • Loan to an un-related party may contain a security or a mortgage of an asset of the borrower.

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Some of the benefits of using our system are :

No need to buy SMSF Loan agreement from Solicitors, you can create your loan agreement from specialists, instantly with us.

  • For advisors, clients can sign all necessary legal documents whilst they wait, instead of second appointments for executing documents.
  • Our fee is only $110 (Incl. GST)! By using our system you save time, energy and money for yourself and your clients.
  • We can also print (optional) & professionally bind 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 enter the information for a SMSF Loan Agreement , takes less than 10 minutes.

  • After you register with us, you simply log on to your secured area (protected by your user name and password) on our website and log into "SMSF Tools" tab and select.
  • 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 of the preliminary calculations or delivery after payment by EFT or by cheque.
  • We instantly email related documents and instructions sheet for your needs, any time of day and any day 24/7.
  • We store your documents (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

Documents Printing

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We charge $55 (Incl. GST) to professionally print and express courier (anywhere in Australia) to your nominated address.

The package includes a Deluxe indexed folder.

  • Two bound copies “SMSF Loan Agreement” of your self managed superannuation fund;
  • One copy of the “SMSF Loan Agreement” bound in the folder;
  • All Related minutes & legal documents filed in register;
  • Instruction sheet on exactly to what to do next.

All documents will be ready to sign with “Sign Here” stickers. All documents will also be emailed to you and stored on our website as usual. Before we print documents for you, we get you to confirm that all details are correct to minimize errors.

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