This document is also known as Deed of Variation to Update a Self-Managed Superannuation Fund. This unique Cleardocs product effectively, safely and legally replaces all the clauses of an old SMSF deed with a new Cleardocs Deed.

How do I change an SMSF's trustee?

You can change an SMSF's trustee(s) with the Cleardocs Change of Trustee document package.

Maintaining our SMSF deed: Our Lawyers at Maddocks constantly maintain the Cleardocs SMSF Deed and the question interface, to be up-to-date with current legislation. We often publish those changes in the monthly ClearLaw bulletin - the latest version of which you can view here.

Some of the many recent changes are:

• Death Benefit Agreements in May 2009
• Allowing instalment warrants in January 2008 (You can also order an Instalment Warrant document package from Cleardocs.)
• "Simpler Super" and "Better Super" changes to the law in 2007
• Simplification following Budget 2006 announcements
• Contribution splitting
• Provisions for all the latest current pensions and reserving options included
• Product Disclosure Statement
• Changes to compulsory cashing benefits
• Minors allowed as members
• Read more detail in our sample letter that explains the changes to Trustees here

If you are interested in a bulk-order for the "Deed of Variation to SMSF", then let us know. We can simplify the payment methods to save you time, and can offer an even better price for bulk-orders of updates.

The document package includes:

• the Deed of Variation that updates the fund's existing deed
• the terms of the fund's new updated deed
• a Notice to Members about the update
• the Product Disclosure Statement.
• a set of Minutes at which the Trustee(s) and others involved approve the update.

The whole process takes about 5-10 minutes depending on the number of members. Once you've answered the questions on the Cleardocs system and paid you can download the documents.

Earlier amendments to the fund's deed

The interface and the Deed of Variation cater for the situation in which the fund's original deed has already been amended.

Changes in parties

The interface and the Deed of Variation cater for the situation in which the parties to the fund documents have changed since the fund was established or since the fund's deed was amended.

Information required

You need to be able to provide information about:

• the fund - for example, when it was set up etc.
• the members, the trustees, any employer-sponsor
• the names of, dates of, and parties to the original deed and any later deeds that amend the original deed
• the number of the clause in the original deed that allows the deed to be amended.

The easiest way to obtain that information is to have copies of the original deed, and any amending deed, handy. You can also download our checklist of the required information here .

Why consider updating?

Below, we set out some of the reasons to consider updating an SMSF deed. You need to remember that the summary here is for information purposes only.

There are several issues to consider about updating existing deeds. The sample letter gives much more detail around these key issues:

• Do the SMSF's members want to make "permanent and binding" Death Benefit Agreements?
• Are your clients' deeds fully complying? The ATO has announced its intention to more rigorously pursue non-complying funds after March 2004.
• Do your clients' older deeds cater for the full range of 'reserving', pension and disablement benefits that the law now allows? The Cleardocs deed does.
• Would you find it easier to manage your clients' SMSF's if all of the funds had the same clear and simple deed?
• Once your deed(s) is updated and stored with Cleardocs, we aim to keep you updated about legislative changes via email. Those updates alert you to whether to get legal advice about the changes and the possible need to update the deed again.

Lost trust deed?

Our lawyers at Maddocks have combined with Cleardocs to offer additional services to Cleardocs customers for replacing a lost SMSF deed. The combined, fixed price, service works as follows:

• You complete the normal Cleardocs $99 SMSF update process — but when the system asks you for the number of the clause in the fund's deed that allows the deed to be varied, you type in a #.
• You call us on 1300 307 343, we will arrange for you to contact our lawyers at Maddocks. You will need to instruct Maddocks that the trustees, the members, and their advisers have made the appropriate searches for the missing deed.
• Maddocks will use your instructions and the documents you created through Cleardocs to prepare a special Deed of Variation and associated documents.

The flat fee for this extra service from Maddocks is $800 (+GST).

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.