Update your Self-Managed Super Fund (SMSF) deed
Update your Self-Managed Super Fund (SMSF) deed The deed decides what your fund is allowed to do, and it was written a long time ago. Nobody reads their SMSF deed until the fund needs to do something. Then the accountant asks for a pension the deed does not contemplate, or a binding nomination it never […]
Transfer business real property into your SMSF
Transfer business real property into your SMSF The building your business trades from can be the asset your super retires on. You own the premises your business operates from, and they sit outside super doing nothing for your retirement. Business real property is the one asset class an SMSF is allowed to buy from you. […]
Finance equipment with security
Finance equipment with security Equipment finance turns on one thing: whether the interest in the equipment was registered. The equipment is what the business runs on, and somebody else paid for it. That arrangement works perfectly until an insolvency or a dispute makes someone ask who actually owns it. The answer comes off the Personal […]
Deal with a security interest on the PPSR
Deal with a security interest on the PPSR The register decides priority, not the loan agreement, and refinancing means changing what it says. Your refinance is agreed and the money is ready. What is holding it up is a line on the Personal Property Securities Register. It says the old lender still has a claim […]
Enforce security on a commercial loan
Enforce security on a commercial loan Every week you wait, there is less left to recover. Your borrower has stopped performing. Payments are late, a covenant has gone, or the business has visibly turned. What you do in the next few weeks decides most of what you get back. The asset pool is shrinking while […]
AFSL licensing and regulation
AFSL licensing and regulation Whether you need a licence is decided by what you actually do, not by what you call it. You are providing financial advice, dealing in financial products, or building a business that will. Whether that requires an Australian Financial Services Licence is decided by the activity itself, not by how the […]
Understand loan and security terms
Understand loan and security terms You will read these documents once. The lender has read them a thousand times. The document pack has arrived, settlement is in a fortnight, and there are ninety pages of it. The terms you agree to this week will govern the facility for its whole life. The ones that cause […]
Assist someone to acquire shares in your company
Assist someone to acquire shares in your company The company is helping pay for its own shares, and the law’s default answer to that is no. Your transaction needs the company to help fund the purchase of its own shares. That might be a guarantee, a loan, or security given for the buyer’s borrowing. The […]
Before you sign a guarantee
Before you sign a guarantee A guarantee is not a character reference. It is your money, and often your house. Somebody you care about needs you to sign, and everyone in the room would like you to get on with it. What you are being asked to agree is simple. If they cannot pay, you […]
Agree the terms of owning a property together
Agree the terms of owning a property together We prepare co-ownership agreements that set out the shares, who pays what, and how either of you gets out. Buying property with someone else creates a relationship that no single document governs, unless you make one. Without an agreement, a disagreement about costs, use, or selling has […]