Legal services
Need a solicitor’s certificate or guarantor advice?
Arrange a private, in-person legal advice appointment with Ian Cimino, Principal Lawyer. We check conflicts, the complete lender documents and certificate requirements before agreeing to act. A certificate is completed only where the required steps are satisfied.
Enquire directly with Cimino & Cimino
This is an initial enquiry. Engagement is subject to conflict checks, costs disclosure and confirmation that we can act.
Direct answer
What is a solicitor certificate?
A solicitor certificate records that an advising client received independent legal advice about specified loan, guarantee, mortgage or security documents. The solicitor must review the complete documents, advise the client privately and be satisfied that the matters stated in the certificate can properly be confirmed.
When to act: Send the complete documents as early as possible. An appointment cannot safely proceed if material documents are missing, the advising client cannot be seen privately or there is insufficient time to review and explain the transaction.
Published professional fees
Pricing
Single solicitor’s certificate
$825 + GST + disbursements
For one certificate and one advising client. Additional clients, certificates or separate-lawyer requirements are priced separately.
These fees apply to the stated standard scope. We will confirm the retainer, inclusions, exclusions, likely disbursements and any additional work before accepting instructions.
Solicitor certificates for SMSF limited recourse borrowing arrangements
A limited recourse borrowing arrangement (LRBA) allows a self-managed superannuation fund (SMSF) to borrow for a permitted acquisition under a structure in which the lender’s recourse is generally limited to the acquired asset. These transactions commonly involve an SMSF trustee, a separate holding or bare trustee, loan and security documents, and personal guarantees from directors or members.
Lenders frequently require one or more individuals involved in an SMSF LRBA to obtain independent legal advice and a solicitor certificate before the loan or guarantee documents are signed. The precise advice and certificate requirements depend on the lender’s final documents, the parties and the structure.
- The lender’s complete loan, guarantee, mortgage and security documents
- The SMSF trust deed and any amendments
- The holding or bare trust deed and trustee company details
- Any lender instructions or prescribed certificate forms
- Valid identification for each advising client
Solicitor certificate work we can assist with
- Reviewing the final loan, guarantee, mortgage and security documents
- Identifying the advising client, borrower, guarantor, security provider and relying lender
- Explaining the obligations, default consequences, enforcement risk and secured property exposure
- Providing a private face-to-face advice appointment
- Completing the applicable certificate only after the required advice and verification steps
- Identifying conflicts, missing documents or separate-lawyer requirements before the appointment
How the matter usually progresses
Make an initial enquiry.
Tell us the lender or broker deadline, if known.
Receive instructions for providing the complete documents securely.
Do not include confidential documents with the initial enquiry.
Allow us to check conflicts, documents and certificate requirements.
We check the applicable prescribed requirements before agreeing to act.
Arrange a private, face-to-face advice appointment if we can act.
Timing and appointment arrangements depend on document review, conflicts and applicable certificate requirements. An enquiry does not confirm an appointment or guarantee a certificate.
Documents to send before the appointment
- The complete loan agreement
- The complete guarantee or guarantor agreement
- Every mortgage, security document and lender certificate to be signed
- Trust deeds, company documents and lender instructions relevant to the parties or structure
- Valid identification for each advising client
Common questions
Frequently asked questions
What is a solicitor certificate?
It is a certificate completed by a solicitor after providing the required independent legal advice about identified transaction documents. It is not merely a witnessed signature.
Why do lenders require a solicitor certificate?
A lender may require evidence that a guarantor, borrower or security provider received independent legal advice and understood the legal effect and risks of the documents before signing.
What documents are required to obtain a solicitor certificate?
Please provide:
- Loan agreement
- Guarantor agreement
- Valid identification
Can a solicitor certificate appointment be completed remotely?
Cimino & Cimino conducts solicitor certificate appointments face-to-face. The appointment must also satisfy the requirements applying to the particular certificate, documents and transaction.
Can several guarantors use the same solicitor?
Sometimes, but not automatically. Conflicts, confidentiality, different interests, lender requirements and the need for independent advice must be assessed before the firm agrees to advise more than one person.
This page contains general information only and is not legal advice. The legal work and advice required depend on the documents, parties, transaction and current law. Other professional advice may also be required.