SMSF Trust Deed Services

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SMSFs are becoming an increasingly popular alternative to public superannuation funds because they allow people to control their own super investments for their retirement.

The trustee of a SMSF has numerous duties which arise under the general trust law as well as the Funds Trust Deed or governing rules. In addition, the trustee of a SMSF has extensive duties arising from statute, such as the Superannuation Industry (Supervision) Act 1993 (Cth), the Corporations Act 2001 (Cth), the Taxation Administration Act 1953 (Cth), the relevant state or Territory Trust Act as well as other statutes. Accordingly, Lawyers can provide you specialist SMSF advice concerning establishing and managing an SMSF, such:

  • • duties of SMSF trustees
  • • sole purpose test
  • • accepting contributions
  • • investment of fund assets
  • • investment objectives and strategy
  • • SMSF borrowing restrictions
  • • loans or financial assistance to members or relatives
  • • non-arm’s length investments
  • • acquisition of assets from related parties
  • • in-house asset provisions
  • • Conditions of Release
  • • Superannuation Structuring
  • • Self Managed Super Fund (SMSF) borrowing / instalment warrants
  • • Breach of Superannuation Industry (Supervision) Act 1993
  • • Contributions, Termination Payments and Pensions

There are serious civil and criminal consequences for trustees of SMSF’s who breach their general law and/or statutory duties. If you are in doubt concerning your obligations and duties as a trustee of a SMSF, please do not hestitate to contact AMS Law. We have extensive experience gained from advising trustees of SMSF of their obligation and duties as well as gained from working inside the Superannuation Business Line of the Australian Taxation Office (ATO).

Want to set up a new self managed superannuation fund? Our fund establishment product not only contains a top quality trust deed but a whole suite of documents to help you complete all the steps required in setting up the fund, understanding the trustee’s obligations, retaining important fund records and ensuring future compliance of the fund through appropriate documents. You can also order your corporate trustee at the same time through the new fund establishment and corporate e-form