The Cleardocs Instalment Warrant Arrangement Pack allows you to create documents to enable your SMSF to borrow money in accordance with Section 67(4A) of the Superannuation Industry (Supervision) Act 1993.

The SMSF must have a Cleardocs deed to be able to use the Instalment Warrant Pack. You can update your SMSF's deed to the Cleardocs deed here, for $99. It takes about 10-20 minutes.

The document package includes:

• Declaration of Custody Trust
• Equitable Share & Unit Charge
• Loan Agreement
• Compliance Letter
• Trustee Minutes
• Establishment Kit

What the pack does not include

The document package does not include the transaction documents required to transfer the property, or the shares etc. that the trustee is using the loan money to buy — for example, a transfer of land form or the relevant contract for buying the property.

All documents are signed-off by our lawyers at Maddocks.

You will need legal advice

To use the document package for an 'Instalment Warrant Arrangement', the fund must obtain legal advice. Legal advice is required for two primary reasons:

1. The Limitations of this Pack As this Pack does not include the transaction documents described above, you need legal advice to arrange those documents. If you do not have a lawyer, then you are welcome:

   • if you are in Victoria or New South Wales, to call Maddocks for a quote for the work; or
   • in other states and territories, Maddocks can refer you to its affiliated firms.

2. SMSF Compliance with Superannuation Law Although this Pack provides documents which will satisfy the requirements of Section 67(4A) of the SIS Act, the 'instalment warrant arrangement' must otherwise be in compliance with all the requirements of superannuation law. A lawyer can advise on these matters

Questions or further information

If you have questions:

• about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343.
• about legal issues, contact the Cleardocs helpline on 1300 307 343. If you need advice, we will arrange for you to speak with a lawyer at Maddocks. The firm provides a free legal helpline in relation to the documents Cleardocs provides. If you require other legal advice in relation to your particular circumstances, then this will be charged for.