---
title: "Checklist for a transfer of business real property to a plan"
url: "https://ailawframework.com/practice/superannuation/transfer-a-member-s-business-real-property-into-a-self-managed-fund/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A27-T20261018-18-US"
practice_area: "Superannuation"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Checklist for a transfer of business real property to a plan

> List the property, the transferor, any mortgage, who placed the mortgage and when, and whether the file calls the transferor a party in interest. Do not approve the transfer.

Canonical page: https://ailawframework.com/practice/superannuation/transfer-a-member-s-business-real-property-into-a-self-managed-fund/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Superannuation](https://ailawframework.com/practice/superannuation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List the property, the transferor, any mortgage, who placed the mortgage and when, and whether the file calls the transferor a party in interest. Do not approve the transfer. |
| What the lawyer must review | 29 U.S.C. § 1106(c) treats a transfer of real or personal property by a party in interest to the plan as a sale or exchange if the plan assumes a mortgage or similar lien, or if a party in interest placed that lien within the 10 years ending on the transfer. Section 1106(a)(1)(A) and (B) separately restrict sales and loans with a party in interest, except as section 1108 provides. Section 1108 was not opened. Section 1104 still requires prudence. This is not a limited-recourse borrowing arrangement and not a contribution of business real property under Australian rules. You decide whether the transfer can proceed. |
| Written for | United States |
| Applies to | [Transfer a member's business real property into a self-managed fund](https://ailawframework.com/practice/superannuation/transfer-a-member-s-business-real-property-into-a-self-managed-fund.md) |

## Checking plan

- What the AI does: List the property, the transferor, any mortgage, who placed the mortgage and when, and whether the file calls the transferor a party in interest. Do not approve the transfer.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not approve a transfer because the lien is older than 10 years. Other prohibitions may still apply.
- Do not name an exemption.

## Sources

- [29 U.S.C. § 1106, Prohibited transactions](https://www.law.cornell.edu/uscode/text/29/1106) (checked 2026-10-22)
- [29 U.S.C. § 1104, Fiduciary duties](https://www.law.cornell.edu/uscode/text/29/1104) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*