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Smartcorp FAQs

Companies

Trusts - Discretionary Trusts

Trusts - Unit Trusts

Self Managed Superannuation Fund (SMSF) Establishment

Companies

What types of companies can I register through Smartcorp?

Proprietary companies limited by shares and special purpose SMSF Trustee Companies.

What information is needed to register a company through Smartcorp?
  • Proposed name of company (preferably include 2nd and 3rd choices as well)
  • The State or Territory where the company will be registered
  • If the proposed name is identical to a registered business name and all the owners of the business name are to be members of the company: State or Territory of registration and Registered state business number (if business registered prior to 28 May 2012) or Australian business number (if business registered on or after 28 May 2012)
  • Type of company - standard Pty Ltd or special purpose SMSF trustee company
  • Registered office address (must be a physical address in Australia; not a PO Box) including occupier's name if company will not be occupying the address
  • Principal Place of Business (must be a physical address in Australia; not a PO Box)
  • If there is to be an ultimate holding company on registration, its name and ACN/ABN or ARBN and country of incorporation (if not Australia)
  • For officeholders and shareholders - full name (+ACN if a corporate shareholder), residential address and date and place of birth (town and state if within Australia, country only if overseas)
  • For officeholders - whether they are to be Director, Secretary or both. (Note: The office of secretary is optional, but if appointed one must reside in Australia). Any former names.
  • For shareholders - number and class of shares, paid and unpaid amounts and whether or not the shares will be held beneficially
  • Public Officer details
  • Type of register - electronic documents only, presentation folder or full register
  • Would you like an extra copy of the company documents emailed directly to your client?
  • Would you like a common seal?
  • Would you like your firm's name and address printed on the cover of the company constitution?
  • Would you like the ASIC compliance admin of the company to be done through Corpliance, SmartCorp's online ASIC compliance service?
If the company will not be located at the Registered Office address, how should the address details be entered?

When the company does not occupy the registered office address, the occupier of that address must agree, in writing, to the registered office being located there. When entering the registered office address in your order, put the Occupier’s name in the Care of field.

Can the Registered Office of a company be a PO Box?

No. The Registered Office is the address where notices to the company are served. The company must have a physical Registered Office in Australia and must inform ASIC of any change in the location of the Registered Office within 28 days.

Can the Principal Place of Business address of a company be a PO Box?

No, the Principal Place of Business must be a physical address within Australia.

Can the Registered Office and Principal Place of Business (PPB) be located overseas?

No, both the Registered Office and PPB must be in Australia. (PO boxes are not acceptable).

Can someone under 18 years of age be a director or secretary of a company?

No, an individual cannot be appointed as a director or secretary of a company until they have reached 18 years of age.

Can officeholders and shareholders live overseas?

For proprietary companies, at least 1 director must reside in Australia. Having a secretary is optional for proprietary companies, but if appointed, one must reside in Australia.

Do I need to obtain consents to act as director and secretary before I send the order to you?

Yes. By law, unless the new officeholders have given their written consent to act, any appointment of them is void. In addition there is a breach of the Corporations Act with a penalty of 10 penalty points or 3 months imprisonment or both. You can print blank consents for signature from Smartcorp’s online ordering system. Also, in the company register we include consents, which contain additional disclosures, which should be completed if applicable. The consents should be filed in the register after signing.

Can I enter initials instead of a full name for an officeholder or shareholder if I don’t know their full name?

No, the full Given and Family names must be entered. ASIC does not accept initials.

Does a business name need to be cancelled prior to registering a company of the same name?

No. If all the owners of the business are to be members of the new company, it isn’t necessary for the business name to cease. If the business name will not be cancelled, we will carry out a search to confirm ownership before the company is registered. (An additional search fee applies.)

It is much quicker if the business name is not cancelled as cancellation means the name cannot be used for a new company for 4-6 months. If the ownership of the business name and the members of the proposed company can be aligned, registration of the new company can proceed immediately.

I have reserved a company name and now want to register that name. What do I need to do?

The reservation will need to be withdrawn before the company can be registered. The person or organisation whose name appears as the applicant on the reservation Form 410, needs to complete this withdrawal letter. Once completed, send the letter back to Smartcorp and we will take care of the rest.

Will I receive confirmation of the details of my company before registration?

No, electronic registration is very fast, so there isn’t time to confirm details prior to registration. It is very important that all order details are checked carefully before being sent to us.

How long does it take to register a company?

If the company name is available and all details are correct, ASIC will usually register the company within minutes. As soon as registration has taken place, we will email you the company’s ACN.

What happens if the company name is not available?

To reduce the likelihood of the company name not being available, when you enter your choices of company name, we immediately check ASIC’s database to give an indication of the likely availability of the names. It is a good idea to enter one or more alternative choices of company name when you order, in case the first choice isn’t available.

If all the names you select are unavailable, we’ll send you an email to notify you, asking for new choices of name to be sent. Then we will resubmit the company application to ASIC.

What happens if the company registration is rejected?

Unlike other providers, Smartcorp offers a full service. If your company order is rejected by ASIC for any reason, we will correct the problem and relodge the application for you. You do not have to monitor the status of the form, Smartcorp does that for you! We will only contact you if we are unable to resolve the problem without your input.

When will I receive the company documents?

Your documents will be delivered to you by email when the company is registered. If you order the Slimline folder or Full register presentation, a copy of the documents will also be delivered by overnight courier. If you choose, we can also send a copy of the documents to your client by email.

What documents does Smartcorp provide for a new company registration?

Together with detailed instructions for completing the company documents, Smartcorp provides the following:

  • Certificate of Registration
  • Copy of Form 201 – Application for Registration as an Australian company
  • Company Constitution
  • Consent to Act as Director
  • Consent to Act as Secretary (if you nominated a secretary in your order)
  • Consent of Members to take Shares
  • Register of Members
  • Share Certificates
  • Consent to Act as Public Officer (if you nominated a Public Officer in your order)
  • Consent to Use of Registered Office Address (if company does not occupy the address)
  • Bank Account Kit
Will I receive a common seal with my company order?

It is no longer compulsory for companies to have a common seal. If you would like to receive a common seal with your company you can select that option on the Verification page of the order. An additional fee applies.

Do I need to lodge any documents with ASIC following the registration of the company?

No, nothing needs to be lodged with ASIC. The consents to act as director, secretary and for the shareholders to take shares, the constitution and other documents should be signed and filed in the company register. You can apply for an ABN for the company through Smartcorp.

Can I apply for an ABN for the company through Smartcorp?

Yes, Smartcorp offers an ABN and TFN application service, with a direct connection to the ATO. To save you time, all the company registration details will be pre-filled in your ABN application.

Trusts - Discretionary Trusts

What information is required to order a discretionary trust through Smartcorp?
  • Name of the Trust. Must not end with Pty Limited. The Trust name does not have to include the word 'Trust', but usually does.
  • Jurisdiction (normally the State or Territory where the Trustee and other parties who sign the deed are located).
  • Full name (and ACN if a company) and address of Trustee. A corporate Trustee is preferable. If not a company, at least two individuals are preferred.
  • Chairperson of Trustee (for minutes).
  • Full name, and ACN if a company, and address of Appointor(s). The Appointor has the power to appoint and remove the Trustee.
  • Full name and address of the Settlor. The Settlor must be an individual 18 years of age or over. A company cannot act as Settlor. The Settlor must be at arm's length from the trust and they are not permitted to benefit from the trust; therefore they cannot also be the Trustee, the Appointor or a beneficiary of the trust. The Settlor should not be acting as the agent of the person establishing the trust.
  • Settled sum. A dollar amount must be specified. The settled sum should be paid from the Settlor's own funds and should not be reimbursed either directly or indirectly by any other person.
  • Names of beneficiaries and any persons to be excluded as beneficiaries (if required).
  • Type of register - electronic documents only, Slimline presentation folder or Full Register.
  • Would you like an extra copy of the trust documents emailed directly to your client.
  • Would you like your firm's name and address printed on the cover of the deed.
  • Would you like Smartcorp to attend to the stamping of the deed.

A copy of this Checklist and the Smartcorp discretionary trust deed are available on our website. It is important that you read the deed before placing your order. You need to be satisfied that it suits the requirements of your clients in all aspects. As the Smartcorp deed is amended from time to time, you should check that it has not changed since your last reading of it.

What documents are provided when I purchase a discretionary trust?

Together with detailed instructions for completing the documents, Smartcorp provides the following:

  • Trust deed (1 copy with electronic presentation, 2 copies with Slimline folder and 3 copies with Full Register)
  • Minutes of Meeting of Trustee
  • Trust Stamping Checklist (if Smartcorp will be stamping the deed – NSW and Vic).
  • Stamp Duty Schedule
Are there any restrictions on what the trust can be called?

Usually a discretionary trust will have the word “Trust” at the end, but it’s not mandatory. You will need to enter “Trust” if you want it to be included, as it is not added automatically.

The trust name should not end with “Pty Ltd” or any other legal elements which imply it is a company.

Can the Trustees be individuals or a company?

Two or more individuals over 18 years of age or a company, may act as trustee. If you register the corporate trustee through Smartcorp, a 10% discount will automatically apply to the price of the trust.

Are there any special conditions relating to the Settlor of the trust?

When you enter your order, you will be asked to confirm that the Settlor:

  1. is not a beneficiary or related to a beneficiary
  2. is 18 years of age or over and has consented to their appointment
  3. is not the Appointor
  4. is not the Trustee of the trust
  5. is not an agent of the Settlor
Can there by more than one Appointor?

Yes, while it is usual for a trust to have only one Appointor, there may be one or more individuals or a company acting as Appointor. If individuals, they must be 18 years of age or over.

What should I consider when entering Beneficiaries details?
  1. You must name at least one individual (not corporate) Beneficiary
  2. The Settlor cannot be a Beneficiary. Nor should any relative of the Settlor be a Beneficiary
  3. If a company is to be named as a Beneficiary, enter its name and ACN under Other Beneficiaries
  4. If a trust is to be named as a Beneficiary, enter the full name and ACN (if applicable) of the Trustee, as well as the name of the trust, under Other Beneficiaries. For example, Chesman Pty Ltd ACN 550 432 666 ATF The Chesman Family Trust.
  5. For a beneficiary that is a charity, you must enter the exact name of the organisation and its ABN under Other Beneficiaries. Go to www.acnc.gov.au to check. If the name is not correct, the provision to include the charity as a beneficiary will be invalid.
How should a “foreign person” be excluded from the trust?

Our solicitors have provided some general information about additional stamp duty and land tax which may be payable in certain jurisdictions if a trust purchases residential real estate. There is a link to this information from the Beneficiaries page of our discretionary trust order form and it should be read carefully before entering the beneficiaries’ names.

If you want to exclude one or more individuals or a class of persons from benefiting from the trust, enter their names in the “Excluded Persons” page of the Order form. They will appear in Schedule 3 of the deed. “Excluded Persons” will be permanently and irrevocably excluded from being beneficiaries.

Suggested wording for excluding a “foreign person” is included at the end of the information from our solicitors.

How does your deed stamping service work?

Smartcorp’s online trust deed stamping service is available for NSW and Victorian deeds when you set up your trust. You can select the option of deed stamping on the Verification page of the Discretionary trust order form.

Smartcorp’s online service with RevenueNSW and Office of State Revenue Victoria, will save you time and money, especially as over the counter and postal deed stamping has been discontinued.

You will receive instructions on what to do if Smartcorp will be stamping your deed, with your trust documents, as well as a quick Checklist to complete before sending the executed deed(s) back to us for stamping on your behalf.

Can I apply for an ABN for the trust through Smartcorp?

Yes, Smartcorp offers an ABN and TFN application service, with a direct connection to the ATO. To save you time, all the trust establishment details will be pre-filled in your ABN application.

Trusts - Unit Trusts

What information is required to order a unit trust through Smartcorp?
  • Name of the Trust. Must not end with Pty Limited. The Trust name does not have to include the word 'Trust', but usually does.
  • Jurisdiction (normally the State or Territory where the Trustee and other parties who sign the deed are located).
  • If NSW, will the trust be a NSW Land Tax Specific Unit Trust
  • Full name (and ACN if a company) and address of Trustee.
  • Chairperson of Trustee (for minutes).
  • Names of unit holders. May be individuals, companies, trusts or superannuation funds. Charities are not normally included. If a trust or superannuation fund is holding the units, you must also enter the name of the Trustee of the trust or superannuation fund including its ACN (if a company).
  • Type of register - electronic documents only, Slimline presentation folder or Full Register
  • Would you like an extra copy of the trust documents emailed directly to your client.
  • Would you like your firm's name and address printed on the cover of the deed.
  • Would you like Smartcorp to attend to the stamping of the deed.

A copy of this Checklist and the Smartcorp unit trust deed are available on our website. It is important that you read the deed before placing your order. You need to be satisfied that it suits the requirements of your clients in all aspects. As the Smartcorp deed is amended from time to time, you should check that it has not changed since your last reading of it.

What is a NSW Land Tax Specific Unit Trust and how do I order this type of trust?

Smartcorp offers a NSW fixed unit trust for NSW land tax purposes, which is not assessed as a special trust, and will therefore be entitled to the tax free threshold for the assessment of land tax. This type of trust is effectively controlled by the unit holders and not the Trustee whose discretionary powers are effectively removed. To order a NSW land tax specific unit trust, select that option on the Basic Details page of the unit trust order form. It is only available if you select NSW as the Jurisdiction of the trust.

What documents are provided when I purchase a unit trust?

Together with detailed instructions for completing the documents, Smartcorp provides the following:

  • Trust deed (1 copy with electronic presentation, 2 copies with Slimline folder and 3 copies with Full Register)
  • Minutes of Meeting of Trustee
  • Unit Certificates
  • Register of Unit Holders
  • Trust Stamping Checklist (if Smartcorp will be stamping the deed – NSW and Vic).
  • Stamp Duty Schedule
Are there any restrictions on what the trust can be called?

Usually a unit trust will have the word “Trust” at the end, but it’s not mandatory. You will need to enter “Trust” if you want it to be included, as it is not added automatically.

The trust name should not end with “Pty Ltd” or any other legal elements which imply it is a company.

Can the Trustees be individuals or a company?

Two or more individuals over 18 years of age or a company, may act as Trustee. If you register the corporate trustee through Smartcorp, a 10% discount will automatically apply to the price of the trust.

What should I consider when entering the unit holders’ details?
  • You must add at least one Unit holder.
  • All initial unit holders must be 18 years of age or over as they are required to sign the deed.
  • If any units are to be held in the name of trusts or superannuation funds, enter the full name(s) and ACNs (if a company) of the Trustees as well as the name of the trust/superannuation fund. For example, Synton Pty Ltd ACN 107 611 078 ATF Synton Superannuation fund (entered as a corporate unit holder). Or Mary Williams and Roger Williams ATF The Williams Family Trust (entered as an Individual unit holder).
  • The trustee of the trust must not be the sole unit holder, even if it holds the units on behalf of two or more different trusts.
What is the value of each unit in the trust?

Each unit has a value of $1.00.

How does your deed stamping service work?

Smartcorp’s online trust deed stamping service is available for NSW and Victorian deeds when you set up your trust. You can select the option of deed stamping on the Verification page of the Unit trust order form.

Smartcorp’s online service with RevenueNSW and Office of State Revenue Victoria will save you time and money, especially as over the counter and postal deed stamping has been discontinued.

You will receive instructions on what to do if Smartcorp will be stamping your deed, with your trust documents, as well as a quick Checklist to complete before sending the executed deed(s) back to us for stamping on your behalf.

Can I apply for an ABN for the trust through Smartcorp?

Yes, Smartcorp offers an ABN and TFN application service, with a direct connection to the ATO. To save you time, all the trust establishment details will be pre-filled in your ABN application.

Self Managed Superannuation Fund (SMSF) Establishment

What information is required to order an SMSF through Smartcorp?
  • Name of the Fund. The name does not have to include “Superannuation Fund” or similar words but usually does.
  • Jurisdiction
  • Full Names (and ACN if a company) and address of Trustee(s). For Corporate Trustees, the names of all the directors.
  • For an employer who will be contributing to the Fund, their name (and ACN if a company) and address. If the employer is a company, the full names of all directors (required for Minutes).
  • An SMSF has a maximum of four Members. For each Member, their full name and address, sex and date of birth as well as their marital status and date of commencement of employment, if known.
  • Type of register - electronic documents only, Slimline presentation folder or Full Register.
  • Would you like an extra copy of the trust documents emailed directly to your client.
  • Would you like your firm's name and address printed on the cover of the deed.

A copy of this Checklist and the Smartcorp SMSF deed are available on our website. It is important that you read the deed before placing your order. You need to be satisfied that it suits the requirements of your clients in all aspects. As the Smartcorp deed is amended from time to time, you should check that it has not changed since your last reading of it.

Are there any restrictions on what the SMSF can be called?

Usually a superannuation fund will have the words “Super Fund” or similar at the end, but it’s not mandatory. You will need to enter “Super Fund” if you want it to be included, as it is not added automatically.

The Fund name should not end with “Pty Ltd” or any other legal elements which imply it is a company.

What documents are provided when I purchase an SMSF?

Together with detailed instructions for completing the documents, Smartcorp provides the following:

  • Name of the Fund. The name does not have to include “Superannuation Fund” or similar words but usually does.
  • Minutes of Meeting of Trustee relating to the Fund establishment
  • Consent to Act as Trustee
  • Notice of Agreement of Members to nomination of Trustee
  • Application for Membership + PDS
  • Notice to Members
  • Members Benefit Account (Member Contributions)
  • Members Benefit Account (Employer Contributions)
  • Proforma Death Benefit Nomination
  • Proforma Member Request for Payment of Benefit
  • Minutes of Meeting, if an Employer will be contributing to the Fund
  • Statement that Fund is a Resident Regulated SMSF
  • Stamp Duty Schedule
For Members, what is the date of commencement of Eligible Service Period?

Where the Member is an employee of a proposed Contributing Employer to the Fund, the date is the date of commencement of employment with that Employer. Where the Member is self-employed, the date will be the date of joining the Fund.

Does the Trustee of a SMSF have to be a Company?

Either Corporate or Individual Trustees are permitted to act as Trustees of an SMSF, but not a combination of both. Corporate Trustees are favoured by the Commissioner of Taxation. If you register the Corporate Trustee through Smartcorp, a 10% discount will automatically apply to the price of the SMSF. If the company will be acting solely as the Trustee of the SMSF, answer Yes to that question on the Smartcorp company order form.

What is the Sole Purpose test?

Clause 3.2 of the Smartcorp deed states that, “Despite any other provision of this Deed, the Trustee must be a Constitutional Corporation unless the Trustees are individuals, in which case the sole or primary purpose of the Fund is the provision of Old-Age Pensions.”

Do the Members also have to be the Trustees in an SMSF?

Yes, with certain exceptions as detailed in Section 17A of the SIS Act:-

If the Trustees are individuals, each Trustee must be a Member of the SMSF (and each Member must also be a Trustee) and there must be no other Trustees or Members, except in the case of a sole Member Fund. In a sole Member Fund, one other individual Trustee is required who does not employ the Member, unless they are related.

For Corporate Trustees, each director of the Trustee company must be a Member of the Fund (and each Member must also be director of the Trustee company) except for sole Member Funds. In sole Member Funds, the Member may be the sole director of the Trustee company or they may be one of only two directors and the second director must not employ the Member, unless they are related.

Do the Members and Trustees have to be 18 years of age or over?

Yes, when establishing an SMSF through Smartcorp, both the Members and Trustees must be at least 18 years of age.

Who is eligible to be a Trustee of an SMSF?

Anyone 18 years or over can be a Trustee or director of a Trustee company as long as they are not under a legal disability (such as mental incapacity) or a disqualified person.

An individual is disqualified if they:

  • have been convicted of an offence involving dishonesty
  • have been subject to a civil penalty order under the super laws
  • are insolvent under administration (including being an undischarged bankrupt)
  • have been disqualified by a court or regulator (for example, the ATO or APRA)

A company cannot be a Corporate Trustee if:

  • a director or other responsible officer of the company, such as a secretary, is a disqualified person
  • the company has been deregistered by ASIC
  • a receiver, official manager or provisional liquidator has been appointed to the company
  • action has started to wind up the company
How do I enter the Trustees’ details in the Smartcorp order form?

As the Members of an SMSF must also usually be the Trustees, the Smartcorp ordering system saves you time by prefilling the Trustees’ details in most instances. For example, if the Fund has two Members and you select individual Trustees, Smartcorp will prefill the Trustees’ section with the Members’ details. Similarly, in a sole Member Fund with individual Trustees, the sole Member’s details will be prefilled as a Trustee and you will only need to enter the second Trustee’s details.

What is a Trustee declaration and when does it need to be signed?

All newly appointed Trustees (or directors of Corporate Trustees) of SMSFs are required to complete and sign a declaration to show they understand their duties and responsibilities as Trustee. The declaration must be signed within 21 days of becoming a Trustee and be retained by the Trustee. It must be kept for the life of the SMSF and for 10 years after the Fund winds up. It is not to be sent to the Australian Taxation Office.

A copy of the declaration can be downloaded here

What sort of death benefit nominations does the Smartcorp deed permit?

The Smartcorp deed allows for non-lapsing binding and non-binding death benefit nominations. A proforma Death Benefit Nomination is included with your Fund documents. Professional advice should be considered before completing and signing any death benefit nomination.

Can I apply for an ABN for the Super Fund through Smartcorp?

Yes, Smartcorp offers an ABN and TFN application service, with a direct connection to the ATO. To save you time, all the SMSF establishment details will be prefilled in your ABN application.

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Company Registration

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  • Proposed name of company (preferably include 2nd and 3rd choices as well)
  • The State or Territory Company will be taken to be registered
  • If the proposed name is identical to a registered business name and all the owners of the business name are to be members of the company:

    State or Territory of registration and Registered business number (if business registered prior to 28 May 2012)  OR

    Australian business number (if business registered on or after 28 May 2012)
  • Type of company - standard Pty Ltd or special purpose SMSF trustee
  • Registered office address of the company (not a PO Box) including occupier's name if company will not be occupying the address
  • Principal Place of Business of the company (not a PO Box)
  • If there is to be an ultimate holding company on registration, its name and ACN/ABN or ARBN and country of incorporation (if not Australia)
  • For officeholders and shareholders - full name (+ACN if a corporate shareholder), residential address and date and place of birth (town and state if within Australia, country only if overseas)
  • For officeholders - whether they are to be Director, Secretary or both.  (Note: The office of secretary is optional, but if appointed one must reside in Australia)
  • For shareholders - number and class of shares, paid and unpaid amounts and whether or not the shares will be held beneficially
  • Type of register - electronic documents only, presentation folder or full register
  • Would you like an extra copy of the company documents emailed directly to your client
  • For an additional fee, would you like a common seal
  • Would you like your firm's name and address printed on the cover of the company constitution
  • Would you like the ASIC administration of the company to be done through Corpliance, SmartCorp's online ASIC compliance service

An email with the Terms & Conditions has been sent.

Oops! Something went wrong while submitting the form :(

Unit Trust

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  • Name of Trust. Must not end with 'Pty Limited'. The Trust name does not have to include the word 'Trust', but usually does.
  • Jurisdiction (normally the State or Territory where the Trustee and other parties who sign the deed are located)
  • Full name (and ACN if a company) and address of Trustee. Can be either two or more individuals, or a company. Sole individual Trustees are not permitted.
  • Chairperson of Trustee (for minutes)
  • Names of unit holders. May be individuals, companies, trusts or superannuation funds. Charities are not normally included. If a trust or superannuation fund is holding the units, you must also enter the name of the Trustee of the trust or superannuation fund including its ACN (if a company).
  • Type of register - electronic documents only, presentation folder or full register.
  • Would you like an extra copy of the trust documents emailed directly to your client?
  • Would you like your firm's name and address printed on the cover of the deed?

SMSF Establishment

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  • Name of Fund.  Must not end with Pty Limited. The name does not have to include the words, 'Superannuation Fund' but usually does.
  • Jurisdiction. Normally the State or Territory where the Trustee and Members are located.
  • Full Name (and ACN if a company) and address of Trustee(s). A corporate trustee is preferable.

    (i)  For a corporate Trustee, full names of directors.  All the directors of the company must be Members of the Fund and there must be no other directors.  Each director must not employ any other Member, unless they are related.
    In a sole Member fund, that Member may be the sole director of the corporate Trustee or there may be one other director, who must not employ the Member, unless they are related.
    (ii)  For individual Trustees, all Trustees must be Members of the Fund and none of the Trustees must employ any other Member, unless they are related.
    In a sole Member fund, two Trustees are required, one of whom must be the Member.  The second Trustee must be over 18 years of age (DOB required) and must not employ the Member, unless they are related.
  • For any employer who will be contributing to the Fund, their name (and ACN if a company) and address and if the employer is a company, the full names of all directors (required for Minutes).
  • A SMSF has a maximum of four Members.  For each Member, their full name and address, sex and date of birth as well as their marital status and date of commencement of employment, if known.
  • Type of register - electronic documents only, presentation folder or full register
  • Would you like an extra copy of the trust documents emailed directly to your client
  • Would you like your firm's name and address printed on the cover of the deed

SMSF Deed Update

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  • Name of Fund
  • Jurisdiction. Normally the State or Territory where the Trustee and Members are located.
  • Type of Fund (Employer Sponsored or Self Employed/Gainfully Occupied).  After updating, the office of Principal Employer will cease to exist for Employer Sponsored funds. The former Principal Employer may still make contributions to the Fund as a Contributing Employer.
  • Name of parties who have power to amend the deed (e.g. Trustee)
  • Clause number in deed stating which parties have power to amend the deed.
  • Full Name (and ACN if a company) and address of Principal Employer (if any)
  • For any other employer who contributes to the Fund, their name (and ACN if a company) and address and if the employer is a company, the full names of all directors (required for Minutes).
  • Full Name and address of each Member of the Fund.
  • Full Name (and ACN if a company) and address of Trustee(s). If Corporate Trustee, full names of directors.
  • Type of register - electronic documents or hard copy
  • Would you like your firm's name and address printed on the cover of the deed?

An email with the Terms & Conditions has been sent.

Oops! Something went wrong while submitting the form :(

Discretionary Trust

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  • Name of Trust. Must not end with Pty Limited. The Trust name does not have to include the word 'Trust', but usually does
  • Jurisdiction (normally the State or Territory where the Trustee and other parties who sign the deed are located)
  • Full name (and ACN if a company) and address of Trustee. A corporate Trustee is preferable. If not a company, at least two individuals are preferred
  • Chairperson of Trustee (for minutes)
  • Full name (and ACN if a company) and address of Appointor(s). The Appointor has the power to appoint and remove the Trustee.

  • The Settlor must be an individual 18 years of age or over. A company cannot act as Settlor. They must be at arm's length from the trust and are not permitted to benefit from the trust; therefore they cannot also be the Trustee, the Appointor or a beneficiary of the trust. The Settlor should not be acting as the Agent of the person establishing the trust

  • Settled sum. A dollar amount must be specified. The settled sum is usually only a nominal amount ($10 or $20). The settled sum should be paid from the Settlor's own funds and should not be reimbursed either directly or indirectly by any other person.
  • Names of beneficiaries and any persons to be excluded as beneficiaries (if required)
  • Type of register - electronic documents only, presentation folder or full register
  • Would you like an extra copy of the trust documents emailed directly to your client
  • Would you like your firm's name and address printed on the cover of the deed

SMSF Borrowing Trust

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  • Name of SMSF Borrowing Trust
  • Jurisdiction.  Normally the State or Territory where the Trustee and Members are located.
  • Name of SMSF
  • Name of SMSF Borrowing Trust
  • Full Name, ACN and address of Custodian Trustee (Trustee of the Borrowing Trust).  The Custodian Trustee must be a company; Individual Trustees are not permitted.  The Custodian Trustee must not also be the Trustee of the SMSF.
  • Full Names of Directors of Custodian Trustee, one to be appointed as Chairperson (Address to be provided)
  • Address of the asset to be purchased
  • Legal Description of the asset (eg Lot and DP number) if known.
  • Full Name, ACN (if a company) and address of Trustee(s) of SMSF.  If Corporate Trustee, full names of all directors, one to be appointed as Chairperson.
  • Would you like an extra copy of the trust documents emailed directly to your client

Enquiry

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