Loans to any Person or Entity
Clients of ESUPERFUND are not allowed to lend money from their SMSF to any person or entity irrespective of whether the loan is on commercial terms. In most cases lending money from an SMSF to an SMSF Member (or an associate of an SMSF Member by blood or marriage) or to an entity associated with an SMSF Member may result in the Fund being deemed non-complying. Determining if the loan is within or outside the Super laws, whether the Loan is to a Fund Member or associate of a Fund member (which is complex to determine), whether loan agreements exist and if they do reviewing these loan agreements and determining if the terms are being adhered to and do not contravene Super laws is a difficult and time consuming process. This added level of complexity is outside the scope of our offering.