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What are the compliance obligations for SMSF lending?
What are the compliance obligations for SMSF lending?

SMSF lending

Updated over a week ago

Lending to self-managed superannuation funds is typically through a limited recourse borrowing arrangement (LRBA) for which there are specific regulatory requirements, see for example:

Lenders will typically restrict SMSF lending to trustee borrowers who are companies not natural persons. Regardless of the security being offered these loans are therefore not covered by the NCCP Act.

As with any type of lending, complaints and reviews can arise. When approached by a trustee to assist with finance, brokers should keep records of their dealings and meet their general privacy obligations in addition to meeting the lender's requirements.

Important note: Lenders typically require the trustee applicants to have obtained legal, taxation and/or financial advice. Brokers should therefore exercise care when dealing with lending to SMSF trustees to ensure they do not provide this type of advice unless they hold an AFSL or other appropriate professional registration. Professional services outside of lending are common exclusions under brokers' professional indemnity insurance.

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