Consider this if…
- A lender has raised a deed requirement
- The trustee will borrow or refinance
- Trust property will secure a loan
- The trustee may give a guarantee or indemnity
How it works
Send us the trust record
We review the signed deed, later amendments and the people or entities involved.
At the start
We identify the legal pathway
We check the relevant power, approvals, documents and whether accounting, tax or duty advice is needed.
After document review
We prepare the documents
We prepare the deed, resolutions, consents and supporting records included in the agreed scope.
Timing confirmed with the scope
Signing and completion
We explain execution and the records or notifications required after signing.
After approval
Fee
Quoted in writing before we start
GST inclusive
The scope, fee and expected timing are confirmed in writing before work begins.
Start with the lender's requirement
We review the facility conditions or lender requisition alongside the complete deed. This identifies the precise power or wording in issue and avoids unnecessary amendments.
Preserve the trust's wider operation
Borrowing, security, guarantee and indemnity powers interact with trustee duties and rights of reimbursement. The amendment should address the finance requirement without creating inconsistency elsewhere.
Coordinate approval and completion
The deed's amendment process, trustee resolution, any consent and the lender's approval need to align with finance completion. Tax or duty advice may be required before signing.
Frequently asked questions
Why has the bank rejected our deed?
The lender may consider the borrowing, security, guarantee or indemnity powers insufficient for its transaction. We review the exact requisition and deed.
Can we use a standard amendment?
The amendment must fit the existing deed and lender requirement. Standard wording may conflict with the deed or alter more than intended.
Does the bank need to approve the amendment?
Often the lender or its lawyers will review the proposed wording before finance completes. We define responsibility for that process in the scope.
Related services
Send the signed deed and tell us what has happened or what you need to change.
Ask about this trust service