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 Our
trust deeds are professionally prepared by
Batallion Legal. Advisors can contact us, should they have any queries relating
to our trust deed. We can even arrange for you to speak to Batallion Legal if
there are any technical issues. We constantly review and update our trust deed
as and when the law changes. |
 Our
telephone line & online Chat is supported by Manoj Abichandani
a Self Managed Super Fund Professional Association of Australia Specialist
Advisor probably the only SMSF trust deed providers to do so. This service is
free to our clients. |
 by
Batallion Legal - a niche, multicultural, corporate and commercial law firm,
with specialist expertise & knowledge in tax and
superannuation. Explanations to questions and clues to answers to our
structured questions are written by qualified CPA, registered tax agent & Manoj Abichandani a SMSF
Specialist Advisor® with over two decades of experience in setting up tax
structures for clients. |
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To purchase anything from our website you have to
register with us
– registration is free
Click here
to register |
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 Onus
of keeping the trust deed up to date is on the Trustees even though trustees may
employ an accountant / administrator / advisor for this purpose.
By investing in a low $165 (Incl. GST) once for the next
five year’s, you are buying peace of mind that your trust deed will
always be up to date. Our systems will email you your new trust deed as and when
the law changes in the future. |
Click here for pro-forma letter to your clients to update their SMSF trust deed.
Click here to convert your client’s accumulation account to Account Based
Pension.
Click here to convert your client’s existing allocated pension to the new
Account Based Pension. |
 If
you have 10 or more clients, we can visit your office to update your entire
clients’ SMSF trust deeds to our system without any cost to you or we can update
all your clients’ SMSF trust deeds in our office and courier you printed copies.
Click here to download our bulk discount price list.
If you want us to print in our office, we will need data from you, Click here to
download blank data excel file. |
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To purchase anything from our website you have to
register with us
– registration is free
Click here
to register |
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 The
whole process of creating a self managed super fund takes just 20 minutes, if
you want to start using our services; you have to register with us by just
supplying your user name (your email id) and your chosen password.
Click here to register. |
 by
answering to our very easy & simple structured questions a self managed super
fund deed is tailor made for your legal requirement any time of the day, any
day. Our super-smart system checks for errors and problems in your application
as you complete it. |
 Your
Trust deeds are stored on our website (no more lost trust deeds). You can
download your trust deed at any time, any day from anywhere. |
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To purchase anything from our website you have to
register with us
– registration is free
Click here
to register |
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 as and
when the law changes, if you are an accountant, lawyer or financial planner, we
email you our newsletter which you send to your clients on regular basis. This
service keeps you up to date and an opportunity to up date your clients. |
 You
can create a tailored legal trust deed whilst your client is in your office. No
need for second appointments, simply log on and answer our easy and smart
questions; trust deed and all legal documents are instantly emailed to you in
less than 20 minutes. |
 that all
SMSF trust deeds are professionally prepared by Batallion Legal and are assured
that all trust deeds are the same and up to date, instead of time consuming
exercise of individually reading currency & validity of each trust deed. |
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To purchase anything from our website you have to
register with us
– registration is free
Click here
to register |
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 We can
also professionally print, bind and express courier (same day or next day
delivery) all documents for an additional fee of $55 (Incl. GST). We also supply
(sell) professional stationery so that you are able to bind documents with your
brand name folder. |
 This is
because we use the latest technologies of embedding & delivering documents
without any human intervention directly from our website with data provided by
you in a secured environment of “web based document delivery” system of trust
deeds and other related documents to you. |
 Websites
secured by Quick SSL are utilizing 128-bit SSL certificates thereby offering the
highest level of encryption or security possible. This means you can be assured
that communications between your browser and our site's web servers are private
and secure. |
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To purchase anything from our website you have to
register with us
– registration is free
Click here
to register |
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To know which SMSF trust deed is suitable to your (or client’s) need or
which
deed is better can be a daunting task. Even to find out what are the
criteria's
to measure or differentiate a good trust deed from a bad one can be difficult,
you have no alternative but to compare the contents of two trust deeds and
correct verdict can only be given only if you possess expert knowledge of SIS
Act and legislation. |
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There are many Myths about SMSF Trust Deeds, such as: |
- Price - $495 Trust Deed should be better than $ $110 (our price);
- 30 page Trust Deed is better then 77 pages (ours);
- All Trust Deeds from different suppliers are same;
- All solicitors who write these deeds have same or similar set of skills or
all solicitors know what they doing;
- A Trust deed bound in an expensive folder should be better;
- Since the deed supplier is selling to many accountants, the deed must be
good or good enough for me (or my clients);
- ATO (or auditor) has never asked me a for a trust deed – who cares about
it’s quality!
- Do I really need to update my (or client’s) SMSF trust deeds or I will
simply prepare minutes for each client to read “what ever changes are in the SIS
Act applies to this Deed” this will ensure that my (or client’s) deed complies
to current SIS legislation & Regulations;
- It is better to use the same supplier for companies and SMSF deed without
actually reading the deed I am buying for my clients.
|
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To purchase anything from our website you have to
register with us
– registration is free
Click here
to register |
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If Self Managed Superannuation one of the biggest assets for you or your
clients, then it is of paramount importance that you have a rock solid Trust
Deed to ensure that it complies to SIS legislation and regulations. Further, the
deed should be flexible enough for you to implement various strategies available
in the market place at all times.
We are asked many times, by users, such as accountants, financial planners etc,
why they should purchase our trust deed instead of other shelf company or
Instant legal document providers.
The list below is prepared to compare our product with others. This list is not
judgmental on other SMSF deeds, however is prepared to assist new users to
quickly differentiate our product. |
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- clearly states (descriptive) what the trustees can or cannot do – instead of
leaving it to the trustees or their advisors to search answers from
superannuation law (prescriptive); The difference between a descriptive and
prescriptive deed is given below.
- has 215 clauses; to ensure that all available SMSF strategies are included
in the deed, this perhaps explains why our deed is set out in 77 pages, single
line, 10 size font;
- is suitable for practical situations and gives clues to advisor of
strategies which they can implement for their clients;
- can be kept always up to date, when you choose our unique $165 five year
unlimited update option;
- has no mistakes in it - we have seen many SMSF deeds which have incorrect
statements and are not current as the writer (solicitor) does not possess expert
knowledge of SIS Act & Regulations or has not updated their trust deed as and
when the law changes.
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To purchase anything from our website you have to
register with us
– registration is free
Click here
to register |
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Our SMSF Trust deed has been prepared with contributions from Manoj Abichandani a SMSF Specialist
Advisor and a qualified CPA accountant, who are SMSF administrators & auditors
and have worked in public practice, specializing in SMSF, for over two decades;
their input is valuable, due to their practical experience in accounting and
auditing of Self Managed Super Funds on a daily basis. |
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Our trust deeds provides instant answers to most common questions on day to day
running of a SMSF instead of referring common issues to the SIS Act, thus
providing instant reference for research on SMSF strategies to
maximize wealth
at retirement.
You will find that most SMSF trust deeds in the market place are prescriptive.
What this means for you is that, various clauses of the deed will state “refer
to or .....as per Superannuation law” and not give you an instant answer to your
query.
To explain this further, let us look at a question:
How much can a 65 + year old contribute to superannuation, concessional and
non-concessional and what are the conditions of contributions?
Please try to find the answer to the above question in your trust deed.
If you have updated your trust deed from another provider, the deed may say
“member can contribute whatever the trustee agrees to or whatever amount the
member decides or not more than what Superannuation law permits …..”
The above statement is prescriptive and if you are a trustee or an advisor, time
is important to you, you sometimes want an instant answer to your question. In
reading the above clause, you do not get an instant answer to your question, to
find the correct answer, you now may have to look at the Income Tax Act or the
SIS Act which could take you hours.
If you have an old trust deed, and have not updated since May 2006, you are
worse off, as the deed may state that “you have to compulsory commence a
pension, once you have reached the age of 65 years..…”. However, compulsory
cashing is no longer an applicable rule, as the SIS Act was amended to remove
this rule.
Please note that trustees must at all times follow their trust deed. Hence, if
you have not updated your trust deed and are over 65 years and not commenced a
pension, you have contravened your trust deed and your auditor must report this
contravention to ATO. |
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To purchase anything from our website you have to
register with us
– registration is free
Click here
to register |
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Now consider the two below clauses from our trust deed ….
Clause 50 : Trustees must accept contributions consistently with the terms of
the SIS Act and SIS Regulations, as are listed in regulation 7.04, and in
particular the table in regulation 7.04 (1) of the SIS Regulations and in
accordance with conditions of regulations 7.04 (2), (3), (4) and (6) of the SIS
Regulations.
Clause 62: A member of the fund may request the trustee to refuse to accept from
a member, member’s spouse or employer or another person a higher
non-concessional contribution than non-concessional contribution cap made on
behalf of a member. Trustees may from 1 July 2007 refund any non-concessional
contribution which they have received on behalf of a member in excess of:
- $150,000;
- $450,000, if the member is under the age of 65 years, if the
non-concessional contribution is to bring forward 2 years of non-concessional
contributions;
- $150,000 from a member over 65 years old provided they are gainfully
employed; and
- nil, if the member is over 75 years old.
From 1 July 2007, Government co-contributions will not be counted towards the
non-concessional contributions cap.
You may like our above two clauses for two reasons.
Firstly we give you the exact place in the SIS Act to look for current
information you are seeking and secondly, we give you a brief of the current act
and since we constantly update our trust deed, the information on our deed is
always current and correct.
The difference is that our trust deed is descriptive; we have over 70 such
instances in our trust deed, which you will rarely find in any other trust
deeds.
The reason why our trust deed is drafted in this manner is simple; it is drafted
with input from tax practitioners, who understand your day to day issues in
smooth running of your super fund and not only by solicitors who have
theoretical knowledge and have never prepared a set of accounts for a SMSF or
have no experience in dealing with cold face real life situations in advising
clients directly.
Click here to view Table of contents of our SMSF trust deed. |
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To purchase anything from our website you have to
register with us
– registration is free
Click here
to register |
With bulk discount pricing for 10 or more SMSF updates and the simple data entry of an excel spreadsheet we had all our clients SMSF updated to current legislation and delivered in 1 day. A quick efficient no fuss no hassle simple solution to updating our clients SMSF.