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Categories | SMSF deeds

Deed of trust

Does a change of trustee deed in NSW require registration?

By , on 08/04/2024 in SMSF cases & decisions, SMSF compliance, SMSF deeds, SMSF strategy, Taxation

Preparing a valid change of trustee deed can prove complex as, among other things, the governing rules of the trust or SMSF must be complied with, the correct parties must be made a party and the deed needs to be appropriately drafted. Moreover, in New South Wales (NSW), the question also arises –– whether a [read more]

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SMSF succession

By on 17/01/2024 in Corporate trustees, Pensions, SMSF deeds, SMSF strategy, Succession planning, Taxation, Trustee education

For many Australians, superannuation is a significant asset especially if a self managed superannuation fund (SMSF) is involved. However, despite this, many do not plan ahead for what happens to their superannuation upon their loss of capacity or death. We recommend that every SMSF member should develop a succession plan to ensure there is a [read more]

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SMSF Succession Diagnostic Service

By on 01/12/2023 in Corporate trustees, Pensions, SMSF deeds, SMSF strategy, Succession planning, Taxation, Trustee education

Many SMSF members do not plan ahead in relation to what is to happen with their superannuation upon loss of capacity, death or other relevant life events. Indeed, in DBA Lawyers’ experience, a considerable proportion of SMSFs have outdated, inappropriate or no succession plans in place. Unfortunately, such lack of planning can give rise to [read more]

Changing SMSF trustees — why advisers should be more alert to the tips and traps

Change of SMSF trustees can easily be messed up

By on 29/11/2023 in Corporate trustees, SMSF cases & decisions, SMSF compliance, SMSF deeds, SMSF strategy, Succession planning, Trustee education

This article examines some of the key issues that can arise when change of trustee documents are not properly completed, and by the right people using quality document suppliers. What happens if a change of trustee is not properly completed? A change of trustee requires compliance with the provisions in the fund’s governing rules and [read more]

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Family law super splitting notices are a compliance requirement and can impact CGT roll-over relief

By on 24/10/2023 in SMSF compliance, SMSF deeds, SMSF strategy, Trustee education

On 13 September 2023, Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Bill 2023 (Cth) was introduced into the House of Representatives (NALE Bill). The NALE Bill provide guidance on changes to the non-arm’s length expense (NALE) provisions introduced in s 295-550(1)(b) and (c) of the Income Tax Assessment Act 1997 [read more]

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Six simple rules to execute a deed that satisfies ALL Australian jurisdictions

By on 26/09/2023 in Audit, SMSF compliance, SMSF deeds, Trustee education

Historically, deeds could not be executed electronically but rather by wet ink and only on paper (or parchment or vellum). However, recent changes authorise electronic execution. Companies can execute documents using electronic means under s 110A of the Corporations Act 2001 (Cth), which expressly authorises a document (including a deed) to be signed using electronic [read more]

Electronic execution of deeds — is it here to stay?

Can companies sign or execute a deed electronically? — Part 1

By on 21/07/2023 in Audit, SMSF compliance, SMSF deeds, Trustee education

Historically, deeds could not be executed electronically but rather by wet ink and only on paper (or parchment or vellum). However, recent changes authorise electronic execution, as discussed below. This is ‘Part 1’ of an article that focuses on company execution. We are planning to prepare more articles on individual execution in the coming months. [read more]