When Superannuation Warehouse sets up a new SMSF, we issue five documents as part of the set-up process. One of these is the Trust Deed. The SMSF Trust Deed is the instrument that establishes the Fund, and once it is executed, the SMSF comes into existence. The Trust Deed is a book of rules to govern the SMSF. Whilst the Trust Deed can impose more onerous regulations for the Trustees to follow, it is not permitted to contain clauses which require the Trustee to breach the SIS Act.
The Trust Deed can be amended at any time Trustees deem fit. Trustees must follow the guidelines for amending the Deed as set out in the original Trust Deed of the SMSF. The Deed we issue refers to the Superannuation Act and Superannuation Regulations and is written in a way that removes the need for regular updates. However, some providers quote sections of legislation in their Deeds. This would require a Deed update when legislation change.
We issue the Trust Deed at no additional fee as part of the set-up process. There are no particular events we foresee that would cause an automatic review of your Trust Deed. If, however, the Trustee wishes to update the Deed of the Fund, we charge $300 to execute the request. For more information on our fees, please see the fee schedule page here.
Witnessing the Trust Deed
The Deed should generally be witnessed by two independent persons over the age of 18. However, if there’s a Corporate Trustee in place, section 127 of the Corporations Act allows for the Trustee to execute the Deed without witnesses.
Deed alignment to the Investment Strategy
The Investment strategy will be in alignment with the Trust Deed, setting out specific investments that the SMSF can make.
To download a copy of our Investment Strategy Template, click here.
For other downloads, click here.Download the Trust Deed