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Bare Trust / Custodian Deed Template

An SMSF bare trust deed (also called a custodian deed) is required for limited recourse borrowing arrangements under section 67A of the Superannuation Industry (Supervision) Act 1993 (Cth). Our free Australian template establishes the bare trustee's obligations, the SMSF's beneficial ownership, and the transfer conditions upon repayment of the LRBA loan.

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BARE TRUST / CUSTODIAN DEED
Davidson Family Superannuation Fund · 1 June 2026
TRUST DETAILS
SMSF FUNDDavidson Family Superannuation Fund
SMSF TRUSTEE (BENEFICIARY)Davidson Super Pty Ltd
BARE TRUSTEE / CUSTODIANDavidson Custodian Pty Ltd
BARE TRUSTEE ACN555 666 777
DEED DATE1 June 2026
GOVERNING LAWNew South Wales
ASSET HELD ON TRUST1-bedroom apartment, Lot 42 in Strata Plan 12345
ASSET ADDRESS / TITLE42 Beach Street, Cronulla NSW 2230 (CT Vol. 1234 Fol. 567)
PURPOSELRBA (Limited Recourse Borrowing Arrangement)
LENDERCommonwealth Bank of Australia
BARE TRUSTEE / CUSTODIAN
Davidson Custodian Pty Ltd
42 Beach Street, Cronulla NSW 2230 (CT Vol. 1234 Fol. 567)
SMSF TRUSTEE (BENEFICIARY)
Davidson Super Pty Ltd
1.
ESTABLISHMENT OF BARE TRUST

This Deed is entered into on 1 June 2026 between Davidson Custodian Pty Ltd ("Bare Trustee") and Davidson Super Pty Ltd as trustee of the Davidson Family Superannuation Fund ("SMSF Trustee" or "Beneficiary").

1.1 Declaration: The Bare Trustee declares that it holds, and agrees to hold, the Asset (as defined below) as bare trustee on behalf of and for the sole benefit of the SMSF Trustee as Beneficiary, subject to the terms of this Deed.

1.2 Beneficial Ownership: The SMSF Trustee, as trustee of the Davidson Family Superannuation Fund, holds the entire beneficial interest in the Asset. The Bare Trustee has no beneficial interest in the Asset and holds legal title only.

1.3 Nature of Trust: This is a bare trust. The Bare Trustee must act at all times in accordance with the lawful written directions of the SMSF Trustee and has no independent discretion in respect of the Asset. This Deed is established in connection with a limited recourse borrowing arrangement pursuant to section 67A of the Superannuation Industry (Supervision) Act 1993 (Cth) ("SISA").

2.
THE ASSET HELD ON TRUST

The Bare Trustee holds the following asset ("Asset") on trust for the SMSF Trustee as Beneficiary:

Asset: 1-bedroom apartment, Lot 42 in Strata Plan 12345 estimated at AUD 650,000 acquired on or about 1 June 2026. Property address and/or title reference: 42 Beach Street, Cronulla NSW 2230 (CT Vol. 1234 Fol. 567).

The Bare Trustee acknowledges receipt (or anticipated receipt) of the Asset and agrees to hold it on the trusts and subject to the obligations set out in this Deed. The Bare Trustee has no power to deal with, encumber, or dispose of the Asset except as expressly directed in writing by the SMSF Trustee. The Asset has been (or is to be) acquired using funds borrowed from Commonwealth Bank of Australia under a limited recourse borrowing arrangement, and the legal title is held by the Bare Trustee pending repayment of that borrowing.

3.
BARE TRUSTEE OBLIGATIONS

The Bare Trustee covenants and agrees:

  • 3.1 Hold on Trust: To hold the Asset on bare trust for the SMSF Trustee as Beneficiary and not to deal with the Asset in any way except in accordance with the written directions of the SMSF Trustee.
  • 3.2 No Disposal: Not to sell, transfer, mortgage, charge, encumber, or otherwise deal with or dispose of the Asset without the prior written direction of the SMSF Trustee.
  • 3.3 No Unilateral Action: Not to incur any obligations or liabilities in connection with the Asset without the prior written approval of the SMSF Trustee, except for unavoidable obligations arising under applicable law.
  • 3.4 Notifications: To promptly notify the SMSF Trustee of any claim, demand, legal proceeding, notice, or other matter affecting the Asset.
  • 3.5 Records: To maintain adequate records of the trust and to provide the SMSF Trustee with all information and documents reasonably requested concerning the Asset.
  • 3.6 Compliance: To comply with all applicable laws (including the SISA, the SIS Regulations, ATO guidance on LRBAs) in connection with the holding of the Asset.
4.
SMSF TRUSTEE RIGHTS AND DIRECTIONS

4.1 Right to Direct: The SMSF Trustee may at any time give written directions to the Bare Trustee in relation to the management, maintenance, or transfer of the Asset, and the Bare Trustee must promptly comply with all such directions.

4.2 Rights as Beneficiary: The SMSF Trustee, as sole beneficial owner, is entitled to all income and capital gains derived from or in respect of the Asset, and the Bare Trustee must promptly pay or account for all such income and gains to the SMSF Trustee.

4.3 Inspection: The SMSF Trustee, or its authorised representative, may at any reasonable time inspect and copy any documents held by the Bare Trustee in connection with the Asset.

4.4 LRBA Transfer: Upon repayment of all amounts owing under the limited recourse borrowing arrangement with Commonwealth Bank of Australia, the Bare Trustee must, at the written request of the SMSF Trustee, execute all documents and take all steps necessary to transfer the Asset to the SMSF Trustee (or its nominee) free and clear of all encumbrances.

5.
TRANSFER OF ASSET TO SMSF TRUSTEE

5.1 Transfer Obligation: Upon the occurrence of the relevant transfer event, the Bare Trustee must promptly transfer legal title to the Asset to the SMSF Trustee (or such other entity as the SMSF Trustee nominates in writing).

5.2 Transfer Events: The transfer events are:

  • Full repayment of all amounts owing to the lender under the limited recourse borrowing arrangement secured against the Asset;
  • Written agreement between the Bare Trustee and the SMSF Trustee to transfer the Asset; or
  • Winding up or termination of the SMSF, or other event requiring immediate transfer under applicable law.

5.3 Cooperation: The Bare Trustee must execute all transfer instruments, provide all consents, and do all things reasonably required to complete the transfer, at the cost and expense of the SMSF Trustee.

LRBA LOAN PARTICULARS
LOAN AMOUNTAUD 390,000
LOAN TERM25 years
REPAYMENT DATE1 June 2051
INTEREST RATE TYPEvariable
LENDERCommonwealth Bank of Australia
6.
LRBA LOAN AND SECURITY

This Deed is established in connection with a limited recourse borrowing arrangement ("LRBA") pursuant to section 67A of the SISA, under which: The SMSF Trustee has borrowed or proposes to borrow AUD 390,000 from Commonwealth Bank of Australia for a term of 25 years at a variable interest rate.

6.1 Security: The lender's security interest is limited to the Asset held in this bare trust and does not extend to any other assets of the SMSF. The SMSF Trustee's recourse against the SMSF is limited to the beneficial interest in the Asset.

6.2 Repayment Date: The loan is to be fully repaid by 1 June 2051, at which time the Bare Trustee must transfer the Asset to the SMSF Trustee in accordance with clause 5 of this Deed.

6.3 SIS Compliance: The parties acknowledge that this arrangement is structured to comply with section 67A of the SISA and ATO guidance on limited recourse borrowing arrangements. The Asset may not be replaced with a different asset while the borrowing remains outstanding, except as expressly permitted under the SISA.

7.
TRANSFER CONDITIONS AND MECHANISM

The legal title to the Asset is to be transferred to the SMSF Trustee upon full repayment of the LRBA loan.

Completion Timeframe: The Bare Trustee must complete the transfer within 30 days of the transfer trigger.

Upon transfer, the Bare Trustee warrants that it will deliver the Asset free and clear of all charges, mortgages, and encumbrances (other than any registered first mortgage securing the LRBA with the lender's consent to discharge) and will provide the SMSF Trustee with all certificates of title, contracts, warranties, and other documents relating to the Asset held by the Bare Trustee.

8.
BARE TRUSTEE INDEMNITY AND COSTS

7.1 Indemnity: The SMSF Trustee indemnifies and holds harmless the Bare Trustee against all costs, expenses, liabilities, claims, and losses ("Costs") (including council rates, strata levies, building insurance premiums, and maintenance costs) incurred by the Bare Trustee solely in connection with holding the Asset on trust under this Deed, provided those Costs were incurred in good faith and in accordance with the SMSF Trustee's written directions.

7.2 Management Costs: All strata levies, council rates, and property maintenance costs shall be paid from SMSF assets as directed by the SMSF Trustee.

7.3 Limitation: The indemnity in clause 7.1 does not apply to any Costs arising from the Bare Trustee's fraud, wilful misconduct, or gross negligence.

9.
GOVERNING LAW AND GENERAL PROVISIONS

9.1 Governing Law: This Deed is governed by and construed in accordance with the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

9.2 Entire Agreement: This Deed constitutes the entire agreement between the parties in respect of the bare trust and supersedes all prior arrangements, representations, and understandings relating to the subject matter.

9.3 Amendment: This Deed may only be amended by a written instrument signed by both the Bare Trustee and the SMSF Trustee.

9.4 Continuing Obligation: The obligations of the Bare Trustee under this Deed continue until the Asset is transferred to the SMSF Trustee and all obligations of the Bare Trustee have been discharged.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
BARE TRUSTEE / CUSTODIAN
Davidson Custodian Pty Ltd
Davidson Custodian Pty Ltd
Date: ____________________
SMSF TRUSTEE (BENEFICIARY)
Davidson Super Pty Ltd
Trustee of Davidson Family Superannuation Fund
Date: ____________________

What Is a Bare Trust / Custodian Deed?

An SMSF bare trust deed creates a structure in which a "bare trustee" (also called a custodian) holds legal title to an asset on behalf of an SMSF, while the SMSF itself holds all the beneficial interest. This structure is required whenever an SMSF borrows money under a limited recourse borrowing arrangement (LRBA) under section 67A of the Superannuation Industry (Supervision) Act 1993 (Cth) to acquire an asset — the asset must be held by a separate bare trustee, not by the SMSF directly.

The bare trust structure ensures that if the SMSF defaults on the LRBA loan, the lender's recourse is limited to the single asset held by the bare trustee. The lender cannot look to other SMSF assets to recover the loan. This is the defining feature of an LRBA and the reason section 67A permits borrowing through this structure despite the general prohibition on superannuation fund borrowing under section 67 of the SISA. The ATO has issued detailed guidance on LRBA structures through PCG 2016/5 and a series of ATO Interpretive Decisions.

Australian SMSFs most commonly use bare trust deeds to acquire residential or commercial property, although the structure can also be used for listed shares, units in unit trusts, and other "acquirable assets". The bare trustee must be an entity separate from the SMSF trustee — the same individual or company cannot act as both SMSF trustee and bare trustee. Most Australian SMSF advisers recommend establishing a separate company (the "custodian company") as the bare trustee.

What's Covered in This Template

Our Australian bare trust deed covers the key elements of a compliant SMSF LRBA structure.

SMSF and Bare Trustee Identification

Fund name, SMSF trustee, and bare trustee (custodian) details.

Asset Description

Full description of the asset held on trust — property, shares, or other acquirable asset.

Establishment of Bare Trust

Formal declaration that the bare trustee holds the asset exclusively for the SMSF.

Asset Held on Trust Provisions

Obligations on the bare trustee to hold, preserve, and not deal with the asset without SMSF direction.

LRBA Loan and Security Details

Expert: lender name, loan amount, repayment date, and security arrangements.

Bare Trustee Obligations

Obligations to maintain title, not encumber the asset, and follow SMSF trustee directions.

Transfer of Asset to SMSF

Obligation to transfer legal title to the SMSF trustee upon full repayment of the LRBA loan.

Transfer Conditions and Mechanism

Expert: specific trigger events and procedure for executing the asset transfer.

Bare Trustee Indemnity and Costs

Expert: SMSF indemnity to the bare trustee for costs incurred in holding the asset (rates, taxes, levies).

Governing State

State or territory whose law governs the bare trust deed.

How to Create an SMSF Bare Trust Deed

Follow these steps to set up a compliant Australian SMSF LRBA structure.

  1. 1

    Establish the Custodian Entity

    Set up a separate company to act as the bare trustee (custodian). The company must be different from the SMSF trustee. The ATO requires the bare trustee to be a separate legal entity.

  2. 2

    Complete the Bare Trust Deed

    Enter the SMSF name, bare trustee name, asset description, and governing state. For LRBA structures, add lender name and loan details.

  3. 3

    Execute the Deed

    Both the SMSF trustee and the bare trustee sign the deed before settlement of the asset purchase.

  4. 4

    Settle the Asset Purchase

    Use the bare trust deed to establish the custodian title at settlement. Title to the asset is registered in the name of the bare trustee, not the SMSF.

  5. 5

    Prepare Transfer Documentation

    Once the LRBA loan is fully repaid, execute the asset transfer from the bare trustee to the SMSF trustee and claim any available stamp duty exemption in the relevant Australian state.

Legal Considerations

SMSF LRBA structures must comply strictly with the SISA and ATO requirements or risk regulatory penalties.

This template is for informational purposes only and does not constitute legal or financial advice. SMSF LRBA structures involve complex Australian regulatory requirements. Seek advice from a qualified SMSF specialist solicitor and licensed financial adviser.

Reviewed for Australian law

SISA Section 67A LRBA Requirements

Section 67A of the Superannuation Industry (Supervision) Act 1993 (Cth) permits an SMSF to borrow money to acquire a "single acquirable asset" provided the asset is held by a separate bare trustee, the SMSF's beneficial interest is in that single asset only, and the lender's recourse on default is limited to the bare trust asset. The asset cannot be improved (beyond repairs and maintenance) until legal title is transferred to the SMSF. A collection of identical shares acquired at the same time can constitute a single acquirable asset under section 67B.

ATO PCG 2016/5 Safe Harbour (Related-Party Loans)

Where the LRBA loan is from a related party (e.g., a family company or trust lending to the SMSF), the ATO will apply the non-arm's length income rules unless the loan meets the safe harbour conditions in Practical Compliance Guideline PCG 2016/5. For real property, the safe harbour requires: interest rate at or above the RBA indicator lending rate for small business; maximum LVR of 70% for real property (100% for listed securities); and maximum term of 15 years (5 years for listed securities). Failure to satisfy PCG 2016/5 may cause the LRBA income to be taxed at 45%.

Bare Trustee Separation Requirement

The ATO requires the bare trustee to be a separate legal entity from the SMSF trustee. If the same individual acts as both SMSF trustee and bare trustee (which is the case when a sole-member SMSF has only one individual trustee), the ATO may not recognise the structure as a valid LRBA. Most Australian advisers recommend establishing a company as the SMSF trustee and a separate company as the bare trustee to satisfy this requirement clearly.

Stamp Duty on Transfer to SMSF

When the LRBA is repaid and legal title is transferred from the bare trustee to the SMSF trustee, most Australian states provide an exemption from stamp duty (transfer duty) on the basis that no beneficial change of ownership occurs. In New South Wales, the exemption applies under section 55 of the Duties Act 1997 (NSW). In Victoria, it is available under the Duties Act 2000 (Vic). The exemption must be claimed at lodgement with the state land registry. A statutory declaration of trust is often required to evidence the beneficial ownership for stamp duty purposes.

Frequently Asked Questions

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