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Unregulated business loans – Considerations for lenders

Small and medium-sized enterprises (SME) account for the vast majority of businesses operating in Australia and yet obtaining business finance from the country’s top bank lenders can be a challenging and time-consuming exercise for them. Unsurprisingly, there seems to be a growing preference amongst businesses in recent years towards non-traditional lending options due to less stringent requirements, giving rise to an increase in private lenders operating in the space.

Private loans to corporate entities are generally subject to fewer regulations, which makes the application and approval process quicker and easier. [...]  READ MORE →

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What Lender’s must tell you when borrowing through your SMSF

The SMSF Professional Association of Australia (SPAA) has released guidelines of disclosures that should be made to trustees of a SMSF by lenders.

The guidelines include the disclosure that the Lender will not be responsible if the borrowing arrangement does not comply with the SIS Act.  The ultimate responsibility for SIS Act compliance lies with the trustees of the SMSF.

Our Business Lawyer Parramatta can review your SMSF loan documents and provide advice in relation to compliance.  As the penalties for non-compliance can be harsh, we encourage SMSF’s to contact our Business Lawyer Parramatta to discuss the proposed arrangement before any loan is entered into. [...]  READ MORE →