Quick answer
If you borrow through a company, lenders usually need the ACN, the directors' details and sometimes an ASIC company extract. If you trade through a trust, expect to provide the trust deed and any variations so the lender can confirm the trustee has power to borrow and give security. Structure documents answer one question: who is legally entitled to sign for the business.
Key points
- Companies: ACN, directors, and often an ASIC company extract.
- Trusts: the full trust deed plus any variations or deeds of change.
- The lender is checking who can sign and whether borrowing is permitted.
- Your accountant or the firm that set up the trust usually holds a copy.
- ASIC basic company search
- Free
- Trust deed required
- Yes, for trusts
If you trade as a sole trader, you can skip this page. For everyone running a company, a trust, or a company that acts as trustee of a trust, there’s a small extra layer of paperwork. It’s not complicated once you know why it’s there.
Why do lenders care about my business structure?
Because the lender needs to be certain of two things before any money moves:
- Who the borrower actually is. A company or trust is a different party from you personally.
- Who is allowed to sign. Only the right people, with the right powers, can commit that entity to a loan and give security.
Structure documents answer those questions. Without them, a lender can’t be confident the loan is valid.
What will I need if I borrow through a company?
For a private company, the usual items are:
| Item | What it shows | Where to get it |
|---|---|---|
| ACN and ABN | The company’s identity | ASIC and ABN Lookup (free) |
| Directors’ details | Who can sign for the company | ASIC company extract |
| ASIC company extract | Current officeholders, registered details | Bought online from ASIC if the lender asks |
| Directors’ ID | That signatories are who they say | Each director |
ASIC says its free company search shows basic details such as name, type, ACN and ABN, registration date, next review date and registered office suburb. Paid extracts (current, or current and historical) include officeholder details. ASIC notes that officeholder addresses are no longer shown in these extracts.
Often the lender orders the extract itself, so check before you buy one.
What will I need if I trade through a trust?
Business.gov.au explains that a trust needs a formal trust deed setting out how it operates, and that the trustee (a person or a company) is legally responsible for the trust’s operations.
For a loan, lenders usually ask for:
- the full trust deed, every page, including the schedule,
- any deeds of variation or change of trustee since it was set up,
- the trustee’s details (and the trustee company’s directors, if a company is trustee),
- sometimes the appointor’s details, since the appointor can usually change the trustee.
The lender reads the deed to confirm the trustee has power to borrow and to give security, and that the trust hasn’t ended or changed in a way that affects who can sign.
Where do I find my trust deed?
Try these in order:
- Your accountant. Most keep a copy on file.
- The firm that established the trust. Often a law firm or an accounting practice.
- Your own records. Look for a bound document or PDF with “Deed” on the front.
If there have been changes, such as a new trustee, make sure you find those documents too. A deed without its later variations can tell the lender an out-of-date story.
If the deed has gone missing entirely, talk to your accountant or lawyer about next steps, and mention it when you enquire. We’d rather plan around it than have it surface late.
What about a company acting as trustee?
This is a common setup: “ABC Pty Ltd as trustee for the ABC Family Trust”. In that case, the lender will generally need both sets of documents:
- the trust deed and variations (the trust side), and
- the company details and directors’ ID (the trustee company side).
The directors of the trustee company typically sign, provide ID and may give personal guarantees. Our page on business loans and your personal credit file explains why their personal files are usually checked.
How do I make this part painless?
- Ask your accountant for a “structure pack”: trust deed, variations, company details and a simple chart of who’s who.
- Keep it as a single PDF for each entity.
- Double-check names match across your bank account, ABN record and trust deed.
- Use the checklist builder. Our paperwork checklist adds the right structure documents when you choose company or trust.
Do sole traders or partnerships need any of this?
Sole traders don’t: you and the business are the same legal person, so your ID and ABN cover it. Partnerships are in between. There’s no company extract, but the lender will want each partner’s ID and may ask for a partnership agreement if one exists, to understand who can sign. If your partnership is a mix of individuals and companies, each company partner brings its own company documents. Our page on ID for a business loan sets out whose identification each structure needs, and what paperwork you really need puts it all in one table.
Illustrative example: the family trust
Illustrative only.
A family-owned bakery trades as a company acting as trustee of a family trust. When they proceed with an equipment loan, the lender asks for the trust deed. The version the owners have is from when the trust was established; their accountant also holds a later deed changing the trustee from two individuals to the company. Both are sent together, the lender confirms the company has power to borrow, and the loan moves on.
Structure sorted, stress avoided
You don’t need your trust deed on the desk to ask what’s possible. Our enquiry takes about 60 seconds, involves no credit check when you first enquire, and your details go to our own lending team rather than a pile of lenders. A real person calls to talk it through plainly, including what your structure will need.
When you fill in the form, choose the structure you actually trade through and list the directors or trustees accurately. That’s what lets us give you the right paperwork list from the start.
Frequently asked questions
Why does a lender need my trust deed?
The trust deed sets out what the trustee can and can't do. A lender needs to see that the trustee has power to borrow and to give security, and who the trustee and appointor are.
I can't find my trust deed. What now?
Ask your accountant or the law or accounting firm that set up the trust; they usually keep a copy. If it's genuinely lost, get professional advice about the next steps before applying, and tell us so we can plan around it.
Do I need to buy an ASIC company extract?
Sometimes the lender orders it. If asked, you can buy a current extract online from ASIC. Basic company details such as name, ACN, type and registration date are free to search.
Does the company need its own bank account?
Yes. Business.gov.au says companies, partnerships and trusts must have a separate bank account for tax purposes.
Who signs the loan if the trustee is a company?
The trustee company signs, through its directors. Those directors are usually asked for ID and, often, personal guarantees.