5 Years Unlimited Updates

5 Years Unlimited Updates - Cost $300 (incl. GST)

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You can keep your SMSF Trust Deed Updated automatically for next 5 years for an additional $300 (Incl. GST) - Optional

At the time of ordering your client's New SMSF trust deed or updating your client's existing trust deed, you will be given an option to purchase unlimited updates for next 5 years for an additional cost of $300 (Incl. GST)

  • How does the automatic unlimited 5 Year Update Service works?

    Our SMSF trust deed has a special clause which allows a specially created not trading entity (Deed Administration Pty Ltd) along with the trustees to update the trust deed in future. Whenever there is need to update our deed (for the past 11 years we have updated our deed at least once a year), Batallion Legal - the law firm which provides us the SMSF deed, the following steps are then taken to update your trust deed automatically:

    • Deed Administration Pty Ltd will execute a “Deed of Variation” for all SMSF Trust Deeds who have opted for this option and the update is within five years.
    • This "Deed of Variation" will remove all the governing rules of your existing trust deed and replace them with governing rules of the new trust deed. This is the most efficient and industry accepted practice, instead of line by line amendment.
    • In the rare situation the trustees may decide not to vary the deed to the latest legislation, the trustees can prepare minutes not to accept this variation as the ultimate control of all variations lies with the trustees, namely, you.
    • After executing the “deed of variation” we will then send an email to you advising you that an update of the trust deed has been placed on the website along with reasons for updating & highlighting the benefits of using an updated trust deed.
    • You can simply visit our website, log on to your secured area and download the deed of amendment and your new updated SMSF trust deed. The Deed of Variation and the updated deed can be downloaded at any time or emailed to yourself at any time. There is no need to print as all updates will be available online 24/7 from anywhere.
    • The new updated trust deed along with the original deed will be your new set of governing rules.
    • Before the end of the first five year period, we will give you enough time (three months) to renew your service for the next five years.
  • Why your SMSF trust deed should be up to date?

    Super legislation governs the rules and regulations for SMSFs, the fund deed is a critical competent to ensure that the fund is managed in accordance with current law.

    Deeds were generally recommended to be updated on three previous occasions:

    1999: ‘Excluded Funds’ became ‘Self-Managed Super Funds’, preservation & in-house assets

    2007: ‘Simpler Super’ contribution & retirement rules

    2017: Legislation passed in 2016, retirement phase and transfer balance cap

    2021: To Allow 6 member funds and other indexation measures

    It is wrong to assume that Superannuation law regulates how a superannuation fund must operate, this role is of the Governing Rules of the fund which prescribes superannuation law to the fund. There are many areas of law such as the SIS Act, SIS Regulations, ATO decisions, Case law & common strategies which change after fund establishment and warrant the trust deed of the fund to be updated.

    SMSF Trust Deeds should be up to date to ensure trustees have powers to benefit from all legislative changes. It is a myth that deeming clause in a deed which proclaims any change in law is automatically to be included in the deed, trustees must note that any relevant power or authority of the trustee must be conferred to them by its governing rules. You need a living and breathing trust deed.

    To be sure that the fund governing rules have all the necessary powers to administer the fund and to assure auditors that all actions taken by the trustee are supported by the funds trust deed, trustees must ensure that their fund's trust deed is always compliant with current legislation to avoid any administrative penalties.

  • If you are an advisor, download a sample letter inviting your existing clients to update their SMSF trust deeds.

    If you have 10 of more SMSF's deed to be up dated, please subscribe to our voucher package to enjoy our reduced-price benefit. click here for more information.

    We can update your SMSF Deeds in bulk, instead of one by one - by importing SMSF data into our update engine, download blank data excel file.

    Future changes in law are unpredictable. With your client’s smart investment of $300 (Incl. GST) they can be assured that their deeds are always up to date for the next 5 years without any further cost. This fee is fully tax deductible to your clients SMSF in accumulation phase.

    To purchase anything from our website you have to register with us - registration is free Click here to register Order Now

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How to use our service?

Phone : 02 9684 4199
Email : sales@trustdeed.com.au

Our trust deeds

We will arrange for you to speak with Batallion Legal, free of charge

Specific legal advice

Batallion Legal will charge for this service. Please visit http://www.batallion.com.au

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