What is included in our superannuation trust deeds?

Listed below are some of the superannuation trust deed clauses. They have been drafted under supervisory guidance to maximize flexibility of the fund to every member of regulated self managed super funds (SMSFs):

  • Establishment of the fund;
  • Structure & Purpose of the fund;
  • Appointment & powers to removal Trustee;
  • Covenants by Trustee;
  • Powers of Trustees – including powers to enter into limited recourse borrowing arrangements (LRBAs) (s 67A & 67B) – also known as SMSF Loans;
  • Membership rights, powers and duties of each appointed member;
  • Advancement of Minors;
  • Powers of authorized trustee to appoint additional Members;
  • Accounts of the fund – preparation of fund financial statements, fund tax return & minutes meetings;
  • Acceptance of Contributions;
  • Member contributions;
  • Employer contributions;
  • Provisions relevant to The Family Law Act;
  • Authorized investments;
  • Adoption of fund investment strategy;
  • Payment of Benefits;
  • Retirement or Death Benefits;
  • Vesting & compulsory payment;
  • Anti-detriment payments (s 295-485 of the Income Assessment Act 1997);
  • Powers of Trustee to pay pension;
  • Account Based Pensions;
  • Requirement for an Actuarial Certificate;
  • Segregation of assets & valuation;
  • Right to commute pensions;
  • Binding Death Benefit Nomination (BDBN);
  • Appointment of Fund Auditor;
  • Appointment of Actuary in pension phase;
  • Appointment of fund administrators;
  • Payment of taxes and levies;
  • Alteration of the Fund Trust Deed;
  • Election & power to wind up the Fund; &
  • Superannuation Trust Deed Definitions.



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