SMSF Change of Trustee
|SMSF Change of Trustee|
+ Optional printing, binding and delivery for $ 49.50
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You can use Cleardocs to change the existing trustees of an SMSF. This package covers the following scenarios for change of trustee:
- replace individual trustees with a corporate trustee;
- replace a corporate trustee with individual trustees;
- replace a corporate trustee with another corporate trustee;
- remove trustees;
- retire trustees; and
- add trustees.
Creating your SMSF Change of Trustee documents through Cleardocs is easy. Once you complete the question interface, you will immediately receive a link to download your documents. It takes about 10 minutes.
Legal sign-off: All Cleardocs master documents are written in plain language and are signed-off by our lawyers at Maddocks.
General Information for your SMSF Change of Trustee
What documents are included in the Cleardocs package?
You will receive all of the documents required to record the changes being made:
- Change of Trustee Deed;
- Trustee consent forms;
- ATO Trustee Declaration Form;
- Application to become a Member; and
- Trustee minutes.
If the change is from a corporate trustee to individual trustees or from individual trustees to a corporate trustee then:
- the Change of Trustee Deed tailors the fund's existing deed to the new structure as well as updating the fund's deed to the latest version of the Cleardocs deed; and
- the document package includes the new version of the fund's deed.
What information do you need to order SMSF Change of Trustee through Cleardocs?
You can download our checklist of the information required to order an SMSF Change of Trustee here.
We pre-populate your answers ... saving you time
We'll use the information from your last update to SMSF (or SMSF set up) to pre-fill some of the questions in the SMSF Change of Trustee interface. So the whole process should take only about ten minutes.
The fund must already have a Cleardocs deed
To use the Cleardocs SMSF Change of Trustee document package, the SMSF must have a Cleardocs deed. You can update the SMSF's deed to a Cleardocs deed for $99.00 here.
Do the retiring trustees need to be available to sign documents?
Yes, you will need a different Deed of Variation if the people who are no longer going to be a trustee are not available to sign the documents — for example, if they are no longer alive. The Cleardocs SMSF Change of Trustee document package is not suitable for that situation. Maddocks can provide you with a quote to prepare these documents. Please call us on 1300 307 343 to arrange a quote from Maddocks.
Changing to a corporate trustee?
If you are changing the trustees of your fund from individuals to a corporate trustee and you don't yet have a company, then you can register a company with Cleardocs for $594.50. The registration is completely online and can be done in about 20 minutes — click here to find out more.
Cleardocs SMSF Minutes & Resolutions Package — keeping proper records
Cleardocs offers a range of SMSF meeting Minutes and circulating Resolutions for administration of a fund, here. It costs $66.00 including GST for your Fund's first Minute or Resolution. Your SMSF then has unlimited use of the SMSF Minutes & Resolutions Package for 12 months.
If you purchase your Fund's 12 months unlimited use of the SMSF Minutes & Resolutions Package when you change the trustee of your SMSF through Cleardocs, you will receive a 15% discount on the package (that is, you pay only $56.10 rather than the usual price of $66).
Seek legal advice
The SMSF Change of Trustee information here should be considered general in nature, and in no way interpreted as legal advice. You must always seek your own independent legal, accounting and financial advice about your particular situation. The summary on this page is for information purposes only.
Frequently Asked Legal Questions for SMSF Change of Trustee
- Is the SMSF Change of Trustee package suitable for an SMSF that has become a sole member/sole trustee fund because the second member/trustee has died and needs to be replaced?
- Is the SMSF Change of Trustee package suitable for when the SMSF has a member who is under 18 years old?
Questions or further information
If you have questions:
- about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343.
- about legal issues, contact the Cleardocs helpline on 1300 307 343. If you need advice, we will arrange for you to speak with a lawyer at Maddocks. The firm provides a free legal helpline in relation to the documents Cleardocs provides. If you require other legal advice in relation to your particular circumstances, then this will be charged for.