You are here:   HomeDocumentsSuper Fund - Establish and MaintainSMSF Establishment
Print

SMSF Establishment - from $234

ORDER NOW

PRODUCT INFORMATION

TOPDOCS INSTANT SMSF

Don’t spend up to an hour and a half creating your SMSFs. With our Instant SMSF application form, you can create everything you need for your SMSF in under 15 minutes!

Via our one online form you can:

  • Set up your SMSF;
  • Register the corporate trustee for the SMSF;
  • Prepare the investment strategy for the Fund;
  • Have your online ABN application completely pre-filled - free of charge;
  • Create a Macquarie, NAB or CommBank cash management account application; and
  • Create the new fund in Class Super.

Then, once you have established your SMSF, our SMSF deed update system will ensure you deed is always up to date.

download Review the SMSF Establishment order checklist download See the list of documents you will receive

NOW WITH AUTOMATED ABN AND TFN REGISTRATIONS

Applying for an Australian Business Number and Tax File Number with the ATO can be a time consuming process.

What if we could give you back the time it takes to apply for an ABN and TFN when you set up a new trust, SMSF or company?

Well the great news is – we can. Topdocs, through our link with the Australian Business Register, now automatically pre-populates your entire ABN and TFN application for you as part of our online application, free of charge, when you set up your new trusts, SMSFs and companies with us. Imagine the time savings!

You simply review the ABN application online and submit it – without having to enter any client information!

download Download our step by step instructions for SMSFs

SET UP A CMA WITH YOUR SMSF

Topdocs has integrated with Macquarie, NAB and CommBank to enable you to create a Macquarie, NAB or CommBank CMA application at the same time as establishing your SMSF.

Our Macquarie integration provides you with an instant CMA account number and pre-populates the online Macquarie CMA application form, while our NAB and CommBank integrations pre-populate both the CMA application form and the trustee identification forms for you to lodge with the bank.

CLASS SUPER INTEGRATION

Topdocs' integration with Class Super enables you to set up your new SMSFs in the Topdocs Document Portal, then to automatically have a new Fund entry created in Class Super - without you needing to enter any client information!

THE TOPDOCS SMSF TRUST DEED

The Topdocs SMSF trust deed is renowned for its quality and strategic provisions. Regularly reviewed by a panel of accountants, financial planners, dealer groups and legal professionals, the Topdocs trust deed is both flexible and current, and includes all the provisions presently allowable under the Superannuation legislation including SMSF borrowing and account based pensions.

Drafted closely to the SIS legislation and regulations, the Topdocs Super fund deed automatically incorporates minor legislative amendments, ensuring your deed stays current for longer.

download Download the Topdocs SMSF Trust Deed features information sheet

YOUR SMSF TRUST DEEDS - ALWAYS UP TO DATE

The Topdocs SMSF Deed Update system provides a powerful solution for keeping your Topdocs Super fund deeds up to date. Gone are the days of completing order forms and collating deeds whenever legislation changes. Using the Topdocs SMSF Deed Update system, you have the flexibility to choose if you want your deeds updated automatically each year or updated whenever you want.

Learn more about the SMSF Deed Update system

WHY ORDER A TOPDOCS SMSF ESTABLISHMENT PACKAGE?

  • Your package includes Australia's leading, fully provisioned SMSF trust deed
  • Easy online ordering, with the option to order a corporate trustee at the same time and to have your ABN and TFN application fully populated, free of charge
  • Easy, ongoing maintenance of your deed through the Topdocs SMSF Deed Update system
  • The option to receive your superfund documents instantly by email or overnight by express post

MORE INFORMATION

You can learn more about the Topdocs SMSF Establishment documentation in the RELATED INFORMATION tab.

Should you have any queries or require more information, please call the team at Topdocs on 1300 659 242.

ORDERING OPTIONS

ORDER ONLINE

Order your document online in three easy steps:

  1. Login or Join the Topdocs Document Portal
  2. Select your document
  3. Follow the prompts and you're done!

 

LOGIN

 

If you haven't used the Topdocs Document Portal before, you can join by clicking on the JOIN FREE button and following the prompts.

ORDER BY FORM

Order your document by completing the form below and returning it to us by email or fax.

 

 

Should you have any queries or require more information, please call the team at Topdocs on 1300 659 242.

PRICING

 

ADVISER^
(inc GST)

RETAIL
(inc GST)

INSTANT EMAIL DELIVERY


  • your documents are emailed to you immediately once your order is complete and payment has been made

$234


$275


FULL SERVICE DELIVERY


  • your documents are professionally printed and bound, reviewed by our legal team where required, then delivered to you by express post
  • delivery is generally next day

$374


 

$440


 

adviser pricing ^ Adviser pricing is available to accountants, financial planners, SMSF specialists and legal practitioners. This pricing is automatically applied when you join Topdocs and sign into the Document Portal to order your documents.

 

YOUR DELIVERY OPTIONS

When you order a document you can select how you would like it delivered to you. Your options are:

INSTANT EMAIL DELIVERY

  • your document is emailed to you immediately once your order is complete and payment has been made
  • instant email delivery orders are also made available to download from the Completed Orders section in the Document Portal

FULL SERVICE DELIVERY

  • your document is professionally printed and bound, reviewed by our legal team where required, then delivered to you by express post

 

Should you have any queries or require more information, please call the team at Topdocs on 1300 659 242.

RELATED INFORMATION

MORE INFORMATION

Outlined below is additional information relating to the document you have chosen.

What you receive in the Topdocs SMSF Establishment package ... [more]

The Topdocs SMSF establishment package includes:

  • 1 bound copy of the Topdocs SMSF trust deed
  • 1 unbound copy of the deed to scan
  • A high quality binder indexed with tabs to store your documents in
  • Trustee minutes to establish the fund
  • Member applications and Trustee consents
  • Product Disclosure Statement for each Member of the fund
  • Binding Death Benefit Nomination sample form and explanatory notes for each Member
  • Notes on opening a bank account in the name of the fund
  • Forms to register the fund with the ATO, and to stamp the trust deed with the Revenue Office in applicable states
  • Notes explaining the procedures to establish and maintain the fund, and
  • A USB containing a copy of all prepared documents.

Why use a Corporate trustee for your SMSF ... [more]

Whilst establishing your SMSFs with individuals acting as trustees may save your client a few dollars in the short term, the benefits of registering a corporate trustee for your new SMSFs far outweigh the short term savings. Below are the key reasons to establish all of your new SMSFs with a corporate trustee.

REASON 1 - SUCCESSION UPON DEATH

A company is an indefinitely continuing entity. Consequently, having a company as trustee for the fund ensures control of the super fund is always certain – an especially important factor when a member of the fund dies.

Example:

Jack and Jill are members of a SMSF, and both are individual trustees. Jack dies, leaving Jill as the sole remaining member and individual trustee for the fund. In order for the fund to remain compliant, Jill must appoint a second individual trustee in Jack's stead. Whilst Jill may assume the role of second individual trustee for the fund temporarily (in her capacity as Legal Personal Representative of Jack – depending on the terms of the trust deed) when Jack's death benefits have been paid out, she will need to appoint another person to act as an individual trustee. This means Jill will relinquish full control of the fund.

The above scenario may have a number of outcomes. Jill may have children that she wishes to appoint as trustees of the fund in which case a suite of documentation to appoint the children as members and trustees of the fund would be required to be completed. She would also have to change the name in which all of the fund's assets are held.

Jill may also not have any children, or close relatives that she trusts to share control of her fund with. In this case, Jill may decide to establish a corporate trustee company, and act as the sole director, to ensure she retains full control of the super fund. In this scenario, she would need to set the company up, and prepare relevant documentation to change the trustee of the fund. She would also have to change the name in which all of the fund's assets are held.

Had Jack and Jill established the fund with a corporate trustee in the first instance, none of the above would be an issue. After his death benefits were paid out, Jack would simply cease to be a member of the fund, and Jill would continue as the sole member of the fund, without having to appoint another trustee, prepare any change of trustee documentation or change the name in which the fund assets are held. She would also automatically maintain full control of the fund.

REASON 2 – TRUSTEE LITIGATION EXPOSURE

One of the most important reasons to have a corporate trustee is litigation exposure. Individuals acting as trustee of the fund are jointly and severely liable for any actions taken against the fund, as they hold the assets of the fund in their individual names. Should litigation against the fund exceed the assets held in the name of the trustees as trustees for the fund, the personal assets of the individuals personally may become at risk.

Companies on the other hand have limited liability. This ensures litigation against the fund is limited to the assets held in the name of the company and do not stretch to the directors of the company. If the company is a sole purpose SMSF Trustee Company, this will ensure any claim against the fund is limited to the assets held by the company as trustee for the fund, and no director's assets will be at risk.

REASON 3 - ADMINISTRATIVE EFFICIENCY

One of the key benefits of a SMSF is its fluidity; allow multiple generations of a family to come and go from the fund. Instances of changes in membership to a SMSF may include:

(i) Parents admitting their children into the fund;

(ii) The marriage of an existing member of the fund to a non-member of the fund, or the divorce of members within the fund;

(iii) Upon the death or incapacity of a member of a SMSF, where an external Legal Personal Representative is appointed to temporarily participate in the fund in the existing members stead.

Whenever a change in membership occurs, a change in trusteeship is also required to occur. The fact that trustees and members can come and go easily to and from a SMSF raises a time consuming and costly administration problem for SMSFs with individual trustees. This is because the law requires the SMSFs assets to be held in the names of all of the trustees of the fund.

Consequently, whenever a new trustee is appointed to the fund, or an existing trustee leaves the fund, the fund is required to notify all relevant registries and offices of a change in the name of the assets held by the fund. Furthermore, legal advice as to the procedures to remove / appoint the trustee and member, as determined by the fund's trust deed, must also be taken. Overall, the admission and removal of individual trustees can be a costly and time consuming exercise.

In contrast, when a new member joins a SMSF with a corporate trustee, the corporate trustee itself does not change, only the underlying directorship of the company changes. Therefore, there is no requirement to change the name in which the assets of the fund are held. The assets are still held in the same name - that is the name of the company. Furthermore, there is reduced documentation required to appoint a new member to a corporate trustee fund than there is to admit a new member to a fund with individual trustees, as deeds of appointment and removal of trustee are not required.

REASON 4 - LUMP SUM PAYMENTS

For a SMSF to receive its concessional taxation status it must elect to be regulated by the Australian Tax Office (ATO) and comply with the laws and regulations outlined in the Superannuation Industry (Supervision) Act 1993 (SIS Act) and Superannuation Industry (Supervision) Regulations 1994 (SIS Regs). Section 19 of the SIS Act is very specific in its determination of what constitutes a regulated SMSF, in part stating that the "Trustee must be a constitutional corporation or (the) fund must be a pension fund". The consequence of this is that the fund must either have:

i. a Corporate Trustee; or

ii. Individual Trustees, in which case, the fund must be a pension fund. That is, the sole or primary purpose of the fund must be to pay old age pensions.

The effect of this legislation is that a fund with a corporate trustee may pay benefits as either a lump sum or a pension. However, funds with individual trustees can only pay benefits in the form of pensions, as their sole or primary purpose is the payment of old age pensions. Strictly speaking, in order for a fund with individual trustees to compliantly pay a lump sum benefit, the member receiving the benefit would first have to commence a pension, then commute the pension and pay the remaining benefit as the lump sum benefit.

REASON 5 - SOLE MEMBER FUNDS

If a fund with individual trustees has a sole member, the SIS Act requires that the fund must have a second individual trustee in order to be a compliant SMSF. If that sole member has no spouse or children, this will mean that the member will have to relinquish some control over the fund to another person.

Alternatively, the SIS Act provides that a sole member SMSF can have a company as trustee with either one or two directors, one of which must be the member. In this case a sole member can assume total control over the SMSF by appointing themselves as the sole director of the corporate trustee.

OTHER CONSIDERATIONS

Costs in establishing a Company as Trustee

Some advisers are put off by the initial cost involved in establishing a company to act as trustee of the fund. However, the actual costs associated with a Sole Purpose SMSF Trustee Company are low compared to the extra costs that can be associated with individual trustee funds, especially in documenting trustee changes.

In addition, if you also consider the succession and litigation advantages of a company over individuals, the overall cost effectiveness of a company will generally outweigh the initial incorporation costs. Further to this, should you establish a Sole Purpose SMSF Trustee Company, the only ongoing fee you will be liable for is the $45 yearly ASIC levy. The company will not have to register with the tax office, or lodge a tax return (all returns are done through the super fund).

The Topdocs SMSF Deed Update service ...[more]

Gone are the days of completing order forms and collating deeds whenever legislation changes. Using the Topdocs SMSF Deed Update system your clients' trust deeds are conveniently listed in a single online location, can be updated automatically or 'on-demand' and can be accessed anytime, anywhere. Best of all, the Topdocs SMSF Deed update system is free to access and easy to use.

ANNUAL UPDATES OR UPDATE ON DEMAND – YOUR CHOICE

Unique to Topdocs, the SMSF Deed Update system lets you choose how you would like to keep your trust deeds up-to-date. Using the system, you can update a fund whenever you want. This is called On-Demand. Alternatively, you can set a fund to be updated automatically each year. This is the Annual Deed Update service. Either way, you have complete control over how each of your funds is updated.

QUICK AND EASY UPDATING

Regardless of which method you choose to update a fund, it's quick and easy. Choose the Annual SMSF Deed Updates service and your updates are provided automatically each year. Easy. Choose the On-Demand method to quickly update a single or multiple funds with a couple of mouse clicks. Easy.

NO MORE ORDER FORMS

The SMSF Deed update system removes the need to complete an order form to update a fund. With all your Topdocs funds listed in a single location, all you need to do to update a fund is select it, provide your payment details and you're done!

DELIVERY OPTIONS

Just as you can choose if you would like a fund updated automatically each year or whenever you want, you can also choose how you would like your update delivered using the SMSF Deed Update system. You can elect to have the Deed update emailed or professionally printed, bound and delivered by express post to you. Alternatively, you can have the update sent directly to your client by email or professionally printed, bound and delivered by express post. You decide.

SINGLE, ONLINE LOCATION

All of your Topdocs superfunds are conveniently located in the SMSF Deed Updates section of the online Topdocs Document Portal. The details of any fund, including the current member and trustee details along with their current and prior Governing Rules, are just a click away. Plus the online access gives you the flexibility to manage your clients' funds anytime you need to.

EASY TO USE CONVERSION TOOLS

The SMSF Deed Update system only contains those funds that have been established or varied with Topdocs. You can easily convert funds created by other suppliers to the Topdocs Governing Rules using our easy-to-use conversion tools so you can manage them in the SMSF Deed Update system too.

AUDITOR ACCESS

The auditing process is streamlined and controlled using the SMSF Deed Update system. Firstly, all your clients are listed in a single location, making it easier for your auditor to access and review the required information. Secondly, your auditor is provided restricted access to your clients' fund details so they only have access to the information they require and to protect your clients' privacy. Thirdly, as all your funds in the SMSF Deed Update system are on the Topdocs Governing Rules, your auditor only needs to review and sign off one set of documents.

ONGOING COMPLIANCE

The core purpose of the SMSF Deed Update system is to assist you in keeping your clients' trust deeds up-to-date and compliant. The system enables to you clearly see the status of each fund and then easily update it where required.

EXCEPTIONAL TOPDOCS SMSF DEED

Establishing, updating or converting to the Topdocs SMSF Deed is a wise move. Regarded as one of Australia's most strategically planned and structured, quality SMSF Deeds, the Topdocs Deed is designed specifically for today's complex SMSF environment. . The Topdocs SMSF Deed is supported by Topdocs Legal Pty Ltd and a panel of specialist SMSF lawyers and advisers.

TECHNICAL ADVICE AND SUPPORT

As part of the Topdocs service, you have access to our legal, technical and documentation experts to discuss any queries you might have regarding the Topdocs Deed or the SMSF Deed Update system. Simply call us on 1300 659 242.

MARKETING AND CLIENT MATERIAL

Topdocs provides marketing material to assist you explain the importance of keeping a SMSF trust deed up-to-date and compliant to your clients. Pro-forma client letters, brochures and technical materials relating to updating SMSF Deeds can be found in the Technical Articles area of the Document Portal's Knowledge Centre.

The Topdocs trust deed features ...[more]

The Topdocs SMSF trust deed is renowned for it's quality and strategic provisions. Below are some of the key features of the Deed as well as an explanation of what is excluded and why.

TOPDOCS SMSF DEED KEY FEATURES

RULE #

EXPLANATION

TRUSTEES

   

Eligibility

2

Allows for Individual and Corporate Trustees, and any form of trusteeship that satisfies the law including conversion to become small APRA fund. Allows for an LPR to be appointed in place of a person with legal disability (eg court appointed if mental incapacity with no Enduring Power of Attorney [EPOA] in place) or LPR with an EPOA.

Investment Powers – SMSF Borrowing

4.3

The Topdocs SMSF deed has all the required clauses for SMSF borrowing. The Topdocs SMSF deed is accepted by all of the major SMSF Lenders. Footnote cross-references to relevant clauses.

Investment Powers – Property and Stamp Duty

4.6

Property can be held by particular members. This clause assists with stamp duty exemptions in various states in relation to property purchases and transfers.

Investment Powers – QROPS

5.1 (p)

This clause allows the fund to apply as a recognised overseas pension scheme for the purposes of receiving recognised transfers from UK pension schemes.

GENERAL PROVISIONS

   
Voting

10.2

Individual Trustees – one vote each normally but if a formal vote is required then voting according to member balances.

Corporate Trustees - as determined by the constitution of the Corporate Trustee.

Family Law

10.3

The Trustee is empowered to undertake and complete any actions in relation to the fund or the Benefits or Benefit Entitlement of any Member or Beneficiary required in accordance with the Relevant Family Law.

RESERVES    
Reserves

15.5

The Topdocs SMSF deed allows for the establishment of any Reserve Account permitted by law.

MEMBERSHIP    
Membership

11

Allows for admission of anyone permitted by law to be members including minors and members with nil balances.

Cessation of Membership

13

Appropriate rules to ensure that membership is ceased when appropriate but not necessarily ceased, for example, simply by having a nil balance.

CONTRIBUTIONS, TRANSFERS AND ROLLOVERS    
Contributions

18

Permits all contributions permitted by Relevant Law including contribution splits with spouse, spouse contributions, government co-contributions, in-specie contributions, child contributions. Requires trustees to reject excess contributions subject to the Relevant Law and to hold any such amounts received on a separate trust to be refunded. Investments from in-specie contributions can be allocated to particular members (4.6)

Transfer and Rollovers Out

19

This rule governs the terms of transfers and rollovers out

Transfer and Rollovers In

21

This rule governs the terms of transfers and rollovers in

In-specie Transfers

31

This rule allows for in-specie transfer to members of the fund

INSURANCE    
External Insurance

23

This rule governs the requirements relating to insurance

Self Insurance

23.6

This rule provides for Self Insurance by the fund

BENEFIT PAYMENTS    
Dealing with Benefits

29

Allows for payment of all benefits permitted by law by lump sum, income stream or a combination of both.

Retirement, reaching 'payment age'

32

Allows for payment of benefits permitted by law by lump sum, income stream or a combination of both.

Temporary incapacity

33.2

Allows for a non-commutable income stream to be paid from a policy of insurance.

Allows for a non-commutable income stream to be paid from certain member benefits subject to the Relevant Law. SIS Reg 5.08(3) allows 'minimum benefits' to be cashed to pay temporary incapacity benefits, but only to the extent that the cashed amount is not attributable to member-financed benefits (defined in SIS Reg 5.01(1)), or to mandated employer-financed benefits (also defined in SIS Reg 5.01(1)). In other words, temporary incapacity benefits need to be paid from insurance proceeds, or 'voluntary' (i.e. not SG) employer contributions. In practice, this means that temporary incapacity benefits are almost exclusively funded by insurance.

 

Permanent incapacity

33.1, 2.8(b)

Allows for payment of benefits permitted by law by lump sum, income stream or a combination of both.

Terminal medical condition

35

Allows for payment of all benefits permitted by law by lump sum, income stream or a combination of both.

Other benefit payment events

36

This rule covers financial hardship, compassionate and other conditions of release for benefits

BENEFIT PAYMENTS - ESTATE PLANNING    
Death benefit options

34

The Topdocs SMSF Deed allows for:

1. Non-Lapsing Binding Death Benefit Nominations

2. Optional Binding Death Benefit Rule

3. Non-binding death benefit nomination

Even though SMSF BDBNs are not required to follow the same rules that govern other super funds there is still an argument that Courts may regard them as Testamentary Instruments. The Topdocs SMSF Deed rules and our standard BDBN documents take that into consideration.

Non-lapsing

34.6

BDBNs are non-lapsing

Grandfathering BDBNs  

In provisions following the recitals in Deed of Variation. Naturally not required or provided for new SMSF Establishments.

Death benefit guardian

37

Members have the option to appoint a Guardian including a Death Benefit Guardian that prevents the Trustees from exercising certain powers, rights, decisions, discretions, appointments and other authorisations without the prior consent in writing of the Guardian.

If appointed, a Death Benefit Guardian's consent would be required by the Trustee prior to making death benefit payments where a reversionary pension or valid BDBN or Death Benefit Rule are not in place. This can protect the deceased member's benefit.

Reversionary pensions vs BDBNs

34.4

Under the Topdocs SMSF Deed a BDBN will not apply where there is a valid reversionary pension.

Anti-detriment payments

34.8

The deed provides for Anti-Detriment payments

LPRs and other persons

34.10

This rule relates to payments to dependants, Legal Personal Representatives or other persons.

BENEFIT PAYMENTS - INCOME STREAMS    
General

38

The Topdocs SMSF deed is uncluttered by pension information for pensions no longer available to be paid. The Trustee has the power to document terms and conditions of any pension not expressly covered by the standard pensions covered by this deed. The rules and terms and conditions of Account Based Pensions, Transition to Retirement Pensions and Market Linked Pensions are provided for in detail. The Topdocs SMSF deed provides for grandfathered pensions, pension resets, conversions, commutations and rollovers.

SMSF pensions

39, 40, 41

The Topdocs SMSF deed allows for payment of Account Based Pensions, Transition to Retirement Pensions and Market Linked Pensions with fully detailed provisions (including reversions) and has the power to document terms and conditions of any pension not expressly covered by the deed.

Grandfathered pensions

Variation Declarations

Allows for grandfathering of all prior pensions. This is shown in the provisions following the recitals in the Deed of Variation. This is naturally not required for new SMSF Establishments.

Conversions, commulations and internal rollovers

38.7, 38.8, 39.3,40.3, 41.3

The Topdocs SMSF deed allows the trustees to convert, commute, or internally rollover Account Based Pensions, Transition to Retirement Pensions, Market Linked Pensions, and all types of grandfathered pensions according to the Relevant Law.

Pension resets

38.8

The Topdocs SMSF deed allows for commutations at 38.8, and commencement of new pensions at 39, 40 and 41.

Pension Reversions

34.4, 39

Rule 39 provides for Reversionary Beneficiaries for Account Based Pensions and flows into Rules 40 (Transition to Retirement Pensions and Market Linked Pensions) and 41 (Market Linked Pensions). Rule 34.4 provides for conflicts between a reversionary pension and a Binding Death Benefit Nomination.

Pension payments from reserves

15.5(c)(ix)

A reserve account may be used for pension payments subject to the Relevant Law.

Segregation of pension assets

38.5

The Topdocs SMSF deed allows for segregation of pension assets.

WHAT WE DON'T INCLUDE AND WHY    
SMSF Wills or living Wills  

SMSF Wills and Living Wills are terminology used by a particular deed provider. We don't use these terms as:

1. The word Will can imply that these can be part of a client's Will and can cause confusion

2. The deeds do not provide guidance as to the correct drafting of those documents

3. The Topdocs deed caters for all possible death benefit issues through non-lapsing BDBNs, , provision for the establishment of a Death Benefit Rule that will form part of the trust deed and Death Benefit Guardians. Topdocs can also provide template standard & complex BDBNs, with guidance as to their completion and use.

4. The Topdocs deed provides for all matters relating to Temporary & Permanent Incapacity (including Mental Incapacity) and Terminal Medical Conditions

Continued pension payments to LPRs after member's death  

A particular deed allows this. Our view is that this is not acceptable under current legislation and that the clause could mislead trustees with serious consequences. ATO Draft Ruling TR 2011/D3 also confirms this issue.

LPRs or successor trustees automatically on death  

Having LPRs 'automatically' become trustees/trustee directors on the death of a member can create serious problems as follows:

1. An person can only become an LPR after issue of probate so there is a risk period for client benefits

2. There may be disputes as to who the LPR should be, and these could take some time to be resolved

3. The LPR might not always be the appropriate trustee, particularly where the member wishes to keep their SMSF benefits entirely separate from any issues concerning their estate

4. Requires additional drafting for Corporate Trustee constitution

5. Requires prior written consent of the LPR to be in place or payments could be void or subject to challenge

6. Multiple executors can cause voting issues

Topdocs instead provides for an optional Death Benefit Guardian.

Employer sponsors  

Many older SMSF deeds had Employer Sponsors as parties to the deed. This has created a number of problems including if the Employer Sponsor was a company it may have become deregistered or if an individual that person may have passed away. There would then be issues of not being able to update the deed or even a requirement that the fund be wound up in some cases.

Specially written corporate trustee constitution  

Some suppliers of SMSF Trustee Companies try to convince you that you require different control mechanisms in your SMSF Trustee Company constitution than those provided for in a well drafted 'standard constitution'.

Topdocs' view, as well as that of most legal and accounting practitioners, is that a well planned SMSF establishment and properly considered shareholdings of a well constructed 'standard' constitution will achieve the vast majority of desired outcomes. Specific tailoring of the SMSF trust deed and Company constitution should only be undertaken where dictated by specific circumstances.

For this reason, Topdocs has drafted its Company constitution to contain all of the provisions required to act as a sole-purpose SMSF Trustee, while still allowing the flexibility to act as a 'standard' Company.

Provide a deed that needs to be varied when a change of trustee occurs  

One prominent SMSF deed supplier has deeds that are required to be varied in full if there is a change of Trustee from individuals to corporate or vice versa.

The Topdocs SMSF deed is NOT required to be varied if there is a Trustee change.

download Download the Topdocs SMSF Trust Deed features information sheet


Should you have any queries or require further information, please call the team at Topdocs on 1300 659 242.