Q: Can I get a sample of this document?

Yes, please email <a id="menur8u0" class="fui-Link ___1q1shib f2hkw1w f3rmtva f1ewtqcl fyind8e f1k6fduh f1w7gpdv fk6fouc fjoy568 figsok6 f1s184ao f1mk8lai fnbmjn9 f1o700av f13mvf36 f1cmlufx f9n3di6 f1ids18y f1tx3yz7 f1deo86v f1eh06m1 f1iescvh fhgqx19 f1olyrje f1p93eir f1nev41a f1h8hb77 f1lqvz6u f10aw75t fsle3fq f17ae5zn" title="mailto:support@lyd" href="mailto:support@lyd" target="_blank" rel="noreferrer noopener" aria-label="Link support@lyd">support@lyd .com.au to request a sample document for you to review.

Question 1

How does it differ from the Related Party (Non-Bank) LRBA?

Accepted Answer

A related party LRBA or non-bank LRBA may use an individual trustee rather than a company to act as trustee – as required by a bank. The use of a corporate trustee requires extra cost and compliance but it is a requisite pre-condition for entering into a bank LRBA.

Question 2

What Trustee should be used?

Accepted Answer

Where a bank LRBA is being used, the Lender will generally seek a company to act as the Trustee of the Holding Trust.

Question 3

I need assistance finding a bank that will lend to an SMSF. Can you assist?

Accepted Answer

Yes. We have access to a large panel of bank lenders and SMSF brokers with a proven history in SMSF borrowing and LRBA establishments. If you would like a referral, please contact our partner brand I Love Accounting - support@iloveaccounting.com. We strongly suggest appropriate advice documents are put in place, including an ASIC compliant Statement of Advice. I Love Accounting can also assist with this process and the construction of tailored advice documents.

Question 4

How long does this document take to assemble?

Accepted Answer

Depending on the complexity of the data, this document should take approximately 10-25 secs to assemble. If you experience timing outside of this please contact Support via the Surge app, alternatively please read this article for troubleshooting tips https://info.lightyeardocs.com.au/supportcentre/troubleshooting-longer-assembly-times-timeouts .

Question 5

What happens at the end of the borrowing arrangement?

Accepted Answer

A limited recourse borrowing arrangement may be ended either by: (a) the self-managed superannuation fund paying off the loan and then collapsing the custodian trust by having the legal title to the asset transferred into its name; or (b) the custodian selling the asset and then using the sale proceeds to pay out the loan - this would occur where the self-managed superannuation fund is in default of its loan obligations. Different tax consequences arise depending on how a limited recourse borrowing arrangement is ended. Please contact us at support@lyd.com.au should you require assistance.

Question 6

Is this document a legal document?

Accepted Answer

All master documents have been signed off by LY Legal lawyers. Tony Anamourlis of LY Legal advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LYD platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LYD platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”

However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by LY Legal.

The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:

“if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”

Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances. The Court held that this process was legal work.

Question 7

Is the document easy to read?

Accepted Answer

All LYD products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lyd.com.au.

Question 8

What lawyers sign off on LYD documents?

Accepted Answer

All LYD documents are prepared and signed off by LY Legal.

Question 9

Are the LYD documents reviewed regularly?

Accepted Answer

All LYD documents form part of the LYD internal review process. We review all documents at least annually or when required to do so due to changes in legislation. Further details of this process and a review schedule is include on this website.

Question 10

Can I get a sample of this document?

Accepted Answer

Yes, please email support@lyd.com.au to request a sample document for you to review.

LRBA Holding Trust Pack – Bank Lending