SMSF Solicitor Certificate Lawyers Melbourne
Borrowing through a Self-Managed Super Fund (SMSF) involves complex legal and superannuation requirements. If you are entering into an SMSF borrowing arrangement, lenders may require independent legal advice and a solicitor's certificate to confirm that you understand your obligations as a trustee or guarantor.
At Alpine Legal, we provide clear, practical legal advice in relation to SMSF lending arrangements, loan and guarantee documents, and solicitor's certificates, helping trustees understand their legal obligations and the risks associated with borrowing.
Important Change to SMSF Property Borrowing
From 10 August 2026, new Limited Recourse Borrowing Arrangements (LRBAs) generally cannot be used by SMSFs to acquire residential property.
The new rules restrict LRBAs involving real property to business real property, subject to the applicable superannuation requirements and transitional provisions. This means SMSFs can continue to use LRBAs to acquire eligible business real property, while new LRBAs for residential property are generally no longer permitted.
Existing residential property borrowing arrangements are protected by the transitional provisions, including certain refinancing arrangements. Property acquisitions where the relevant acquisition arrangement was entered into before 10 August 2026 may also be protected, even where settlement occurs after that date.
The rules are technical, and the structure and timing of an SMSF borrowing arrangement are important.
Understanding the Risks
SMSF borrowing arrangements may involve:
Limited Recourse Borrowing Arrangements (LRBAs)
Personal guarantees
Property security
Bare trusts and holding arrangements
Trustee responsibilities and obligations
Strict superannuation compliance requirements
Long-term financial and legal obligations
Our lawyers explain the relevant loan and guarantee documents, identify potential risks, and ensure you understand your obligations before signing.
Our SMSF Legal Services
We assist with:
Reviewing SMSF loan and guarantee documents
Providing independent legal advice to SMSF trustees and guarantors
Explaining trustee and guarantor responsibilities
Identifying legal risks and potential consequences
Reviewing security and finance documentation
Preparing solicitor's certificates where required by lenders
Advising on SMSF borrowing arrangements involving eligible business real property
We provide advice in clear, practical language so you can make informed decisions about your SMSF borrowing arrangements.
For general independent legal advice on loans, agreements, and guarantees, visit our Independent Legal Advice page.
Why Choose Alpine Legal for SMSF Advice
Experienced in SMSF and finance-related legal matters
Clear, practical advice to help you make informed decisions
Efficient appointments to meet lender deadlines
Comprehensive understanding of legal obligations for trustees and guarantors
We assist clients in Mont Albert, Balwyn, Doncaster, Kew, Mont Albert North, Camberwell, Templestowe, and Surrey Hills. Book an appointment today to ensure your SMSF borrowing arrangement is compliant and secure.