Our Legal Services
All legal advice is provided in person OR online via a face-to-face videoconference, at a time that is mutually convenient.
We offer early mornings, late evenings and weekends to suit your convenience and needs.
If something is genuinely urgent, then we can accommodate same-day, just make a booking and let us know it is urgent.
Ordinarily, we’ll complete the process from booking to the legal advice within 2-5 days.
Independent Legal Advice to SMSF Loan Personal Guarantors
A Self-Managed Super Fund, or SMSF, is a private superannuation fund that allows you to manage your own superannuation investments for your retirement.
A SMSF loan is a loan used by an SMSF Trustee to purchase an investment property. The returns on the investment are then funnelled back into the super fund for your retirement.Self-Managed Super Funds are highly regulated, and borrowing for them is not straightforward. The main difference to traditional borrowing is the lenders ‘limited recourse‘ to the underlying asset itself.
Because of the nature of super fund loans, each SMSF Member must usually personally guarantee the borrowing for the SMSF Trustee. As such, the SMSF Members must see a lawyer to obtain legal advice (as personal guarantors) on the effect of these SMSF mortgages and the risks involved.
Independent Legal Advice to Home Loan Personal Guarantors
Also known as a personal guarantor certificate or a legal advice certificate they provide certification that a person has obtained independent legal advice about the risks and obligations associated with being a third-party guarantor to someone else’s home loan lending.
Such a guarantee usually requires that you provide the lender with an indemnity also. Indemnifying them against any loss or damage they may sustain from lending money to the borrower.
We can accommodate most banks and lenders loan documentation in our fixed cost, read more below for more details.
Independent Legal Advice to Business Loan Personal Guarantors
When business’ obtain finance or lending a lender will often request or insist on the directors, shareholders or other person associated with the business provide a personal guarantee.
The business finance may be an overdraft facility, a loan for working capital, or a loan to help the business buy some plant and equipment. A personal guarantee acts as security for the repayment of any business loan to the lender, in the event the business fails to pay.
If the lender requires it, you may have to obtain a personal guarantor certificate or a legal advice certificate to evidence that the guarantor has obtained independent legal advice about the risks and obligations associated with entering a deed of guarantee.
Independent Legal Advice to Investment Property Loan Personal Guarantors
Generally, it is advisable to purchase an investment property through a separate legal structure, such as a company or a trust. When companies or trusts borrow money a lender will often request or insist on the directors, shareholders or primary beneficiaries provide a personal guarantee.
A personal guarantee acts as security for the repayment of any property loan to the lender, in the event the borrower fails to pay.
If the lender requires it, you may have to obtain a personal guarantor certificate or a legal advice certificate to evidence that the guarantor has obtained independent legal advice about the risks and obligations associated with entering a deed of guarantee.
