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Paul Trainor Level 1, 224 Rokeby Road Subiaco WA 6008 Tel: (08) 9380 4800 www.trainorlegal.biz
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Bare Trust: ATF Bare Trust Name: ATF Super Trustee: ATF Super Fund Name: ## ACN (##) Directors: ## Superannuation Fund ## Pty Ltd ## Trust Borrower from Bank or related party lender, pays over the money at settlement to the Vendor. “ Purchaser” of property (must set out all 4 names on the Offer and Acceptance). Passively holds the property for the Super Fund Super Gearing Bare Trust Flow Diagram Named to prevent confusion Beneficial Owner
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Notes: 1. Super Fund Trustee agrees to enter into the Limited Recourse borrowing transaction and to using SGBT to hold the Property on Trust for the Super Fund. 2. Super Fund accounts for the Property asset as being beneficially owned by the Super Fund. 3. Super Fund makes one or more payments pursuant to the Loan Agreement and then directs the SGBT to transfer the Property into the Super Fund. 4. One property per bare trust. 5. Trustee company cannot perform any other function eg not trustee of any other trust (unless that trust is a bare trust holding another Property for the same Super Fund).
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Takeaways educate your clients in advance create the structure in advance (if possible) early dialogue with the bank is critical don’t assume related party loan is easier/cheaper offer and acceptance wording is critical subject to finance minimum 42 days (if possible) bumpy landing/some degree of client frustration inevitable SMSF gearing window may not be open forever
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