Custodian trust set up pack (bank lender) for real property (individual trustees)
PLEASE CONFIRM THE FOLLOWING
I want to set up a custodian trustee (limited recourse borrowing arrangement) for the fund to purchase real property.
This is for an existing Australian SMSF fund which has a individual trustees.
The fund will be purchasing the property using money lent to it by a commercial lender with its own loan documents, for example a bank or financial institution.
A contract for purchase of the property has not yet been entered into.
The property is currently owned by someone completely independent of the fund.
I have looked at the deed of the existing fund and confirm that the fund is able to:-
borrow
purchase real property
lease and let property, and
give security by mortgage or charge (if the lender is to take security)