Superannuation Trust (SMSF)
|Sample Document||Superannuation Trust (SMSF)|
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You can use Cleardocs to create all the documents you need to set up a Self Managed Superannuation Fund (SMSF). The Cleardocs system allows you to choose various options for the deed and fund set up.
Creating your SMSF documents through Cleardocs is easy. Once you answer the question interface, you will immediately receive a link to download your documents. It takes about 15 minutes depending on the number of members.
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 Superannuation Trust (SMSF)
What documents are included in the Cleardocs package?
The SMSF document package includes:
- the SMSF Trust Deed – the Deed is customised to reflect whether the SMSF has an individual or corporate trustee;
- a Product Disclosure Statement summarising the features of the SMSF;
- Consents for the Trustees, or directors of the corporate Trustee;
- Minutes to set up the SMSF and set its investment strategy;
- Applications, beneficiary notices and TFN notices for the SMSF members;
- ATO trustee declaration form; and
- an Establishment Kit explaining what to do next.
What information do you need to set up an SMSF through Cleardocs?
You can download our checklist of the information required to set up an SMSF here.
A quality SMSF deed
Our lawyers at Maddocks constantly maintain the Cleardocs SMSF deed and the question interface, to make sure they are up-to-date with current superannuation legislation. We often publish those changes in the monthly ClearLaw bulletin which you can view here.
One-click update: store your SMSF deed(s) electronically with Cleardocs and keep them up-to-date with the law for $99.00
With the legislation around Self Managed Superannuation Funds changing so rapidly, the Cleardocs document creation, storage, and $99.00 update package combine to offer a unique solution to the problem of keeping SMSF deeds up-to-date in Australia.
Once your SMSF deeds are created or updated through Cleardocs, we aim to keep you informed via email as soon as legislative or other changes require us to make amendments to our master documents. With that information, you can then decide whether to update the SMSF deed. You may need legal, financial, or other advice about whether to update. We cannot give you that advice.
If you decide to update the deed, you can do so quickly, efficiently and cost-effectively by downloading a new, complying version of the SMSF deed from Cleardocs for $99.00.
This SMSF deed update system is one of the primary reasons that Cleardocs is now used by many of Australia's largest, specialist Self Managed Superannuation Fund administrators and providers. Read more about our 'Preferred supplier' credentials here.
Set up your SMSF + register the SMSF corporate trustee simultaneously through Cleardocs
You can use the Cleardocs SMSF set up + register Corporate Trustee document package to simultaneously:
- set up your SMSF; and
- set up and register with ASIC the company that will be the corporate trustee of the SMSF (and the company will do nothing else).
If you want to set up your SMSF and have already registered the company that will be the trustee, you should continue with the Superannuation Trust (SMSF) document package.
If you want to register a company that will be able to do things other than be the trustee of a superannuation fund, you should use the Company Registration document package.
What version of the SMSF deed do I have?
For more information about the different versions of our deed, and other documents, click here.
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 service works as follows:
- You complete the normal Cleardocs $99.00 SMSF deed update process — but when the system asks you for the number of the clause in the SMSF's deed that allows the deed to be varied, you type in a #.
- You call us on 1300 307 343 and 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. Maddocks will charge you for this work.
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 set up 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).
Apply for a Macquarie Cash Management Account
If you are using Cleardocs to set up an SMSF on behalf of your client, you can initiate an application for a Macquarie Cash Management Account (CMA) simultaneously.
To initiate an application, you order a Superannuation Trust (SMSF) document package and then on the interface, answer "Yes" to the question: "Do you want to initiate an application for a Macquarie Cash Management Account (CMA)?"
The Cleardocs system then:
- uses the information you entered on the interface to partially complete your client's CMA application; and
- submits the application to Macquarie electronically.
Macquarie will then contact you directly to finalise the application.
Seek legal advice
The Superannuation Trust (SMSF) 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
- What are the conditions of a SMSF according to the SIS Act?
- Can fund members be non-Australian residents?
- Can a member be under a "legal disability" and still be a member?
- Can a member be less than 18 years old?
- What are the conditions of single member SMSFs according to the SIS Act?
- If the trustee is a company, should it be the Principal or Employer Sponsor?
- What happens if a beneficiary named in a member's death benefit agreement, or binding death benefit nomination, dies?
- What happens if the nominee of a Death Benefit Nomination dies at the same time (say, in a car accident) as the nominator?
- What happens if all the trustees (directors of the trustee) die at the same time (say, in a car crash)?
- Does the SMSF have to apply for an ABN?
- Auditing a Self—Managed Super Fund in 2009 and checking:
- What does an SMSF trustee(s) need to do if a member or one of the beneficiaries changes their name due to marriage?
- How do I change the name of an SMSF?
- How do I remove a member of an SMSF?
- If a self managed superannuation fund (SMSF) member dies and they have a reversionary pension and a death benefit agreement or nomination, which takes priority?
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.