Australian Legal Practitioner's Certificate

Discussion in 'Legal Issues' started by Hari Yellina, 16th Aug, 2020.

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  1. Hari Yellina

    Hari Yellina Well-Known Member

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    Hi everyone,

    I have applied for a loan on Trust, company being the trustee. I have been advised by Bank to get a AUSTRALIAN LEGAL PRACTITIONER’S CERTIFICATE. Due to Covid - 19. I am unable to meet the lawyer.

    Could, I get some help from a legal practitioners to issue this via zoom call or face time.

    Please find below the following conditions.

    I HAVE BEEN PROVIDED WITH THE FOLLOWING DOCUMENTS

    (1) Loan Contract between you and Company Pty Ltd in its own right

    and as trustee for the Real Estate Trust (“Borrower”)

    (2) Home Loan terms and conditions

    (3) Guarantee and Indemnity by Borrower in favour of the lender

    Part B EXPLANATIONS GIVEN BY THE AUSTRALIAN LEGAL PRACTITIONER

    I CERTIFY that in the absence of the borrower and before the guarantor signed the documents, I EXPLAINED to the

    guarantor,

     the general nature and effects of the documents required to be signed by the guarantor;

     that if the borrower defaults in payment or in other obligations to you the guarantor would be liable to make

    good that default which could involve all amounts owed by the borrower to you and substantial arrears of interest; and

     that the giving of a guarantee involves considerable risk, including the risk of losing any security, property and other assets and requires very careful thought.

    Thank you
    Hari.
     
  2. JDM

    JDM Well-Known Member

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    Yes, this can be done by Zoom during covid. I am doing one of these with a client stuck in Melbourne tomorrow in fact.
     
  3. Hari Yellina

    Hari Yellina Well-Known Member

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    JDM,

    Could you please send me your details. I shall email the copy of letter from Macquarie.

    I am from Melbourne.

    We can discuss it further.

    Thank you so much
    Hari.
     
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    The solicitor would also need copies of all contracts and terms and conditions. Do you have these in electronic format?
     
  5. Hari Yellina

    Hari Yellina Well-Known Member

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    Terry,

    Yes, we have all the documents.

    The documents are signed by docu sign, and we have all the copies.

    Thank you
    Hari.
     
  6. thatbum

    thatbum Well-Known Member

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    Would you guys charge for that? I probably wouldn't be willing to do it for free to be honest - seems like proper advice would need to be given there.
     
  7. Hari Yellina

    Hari Yellina Well-Known Member

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    Hi Thatbum,

    I want the lawyer to read all the documents and advise me and my wife. and we are willing to pay for it.

    Sorry, if I came across as free advice.

    Thank you
    Hari.
     
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  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I would charge $660 as it would take an hour or more to go thru all the docs
     
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  9. Hari Yellina

    Hari Yellina Well-Known Member

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    Terry,

    Does that include, calling me on face time or zoom and sending the signed originals in the mail and email?

    Please advise.
    Thank you
    Hari.
     
  10. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Yes, but I don't want to assist sorry.
     
  11. Hari Yellina

    Hari Yellina Well-Known Member

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    Terry,

    No problem, I will seek someone who will have a Zoom call or Facetime.


    "Each witness that witnesses via audio-visual link must include a statement indicating that the document was witnessed using an audio-visual link in accordance with the Regulations."

    Electronic signing and remote witnessing during coronavirus (COVID-19) restrictions

    By the way, I have downloaded you 50 tax tips book, I am reading it, its a great book.

    Thank you
    Hari.
     
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  12. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I don't find it enjoyable to read loan contracts. It might be just me, but I think tax, trusts and estate planning are much more interesting.
     
  13. Scott No Mates

    Scott No Mates Well-Known Member

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    That's almost as good as saying an auditor is an actuary with a personality :confused:
     
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  14. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Thats unfair. Many auditors dont have a personality
     
  15. Scott No Mates

    Scott No Mates Well-Known Member

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    But where does that leave the actuaries?
     
  16. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    They are usually very well paid.
    Do you know why actuaries have bigger balls than auditors ?

    They sell more tickets
     
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  17. Hari Yellina

    Hari Yellina Well-Known Member

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    Thank you everyone, for your advice.

    @JDM has helped us with the
    Australian Legal Practitioner's Certificate.
     
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