Advantages of the DBA Lawyers SMSF deed (2026-27)
DBA Lawyers latest SMSF governing rules and related documents include many value-added features. This article briefly explains why our SMSF documents are the best available.
Recent changes to DBA Lawyers’ SMSF governing rules
Our latest DBA Lawyers’ SMSF governing rules (version 2026-27) includes the following updates:
- powers surrounding management and provision of information for the fund or members to comply with new Division 296 tax;
- new administrative powers to assist other entities in complying with Payday Super obligations;
- provision for updated trustee-member rules regarding appointment of trustees/directors by Public Trustees;
- provision for remuneration to be paid to trustees/directors appointed by Public Trustees;
- addition of powers to allow trustees to respond to AML/CTF requirements;
- expanded investment powers around cryptocurrency and digital assets;
- express power to accept Paid Parental Leave contributions;
- expanded investment powers around new types of securities such as carbon credits;
- updated wording to limit the application of obligations arising under trustee legislation; and
Naturally, the above upgrades are on top of many other value-added features.
General features of the DBA Lawyers’ SMSF governing rules
- Rules are up to date with superannuation law— We update our governing rules annually to cover all relevant changes (including superannuation law, case law and ATO materials).
- Strategic rules for power to appoint and remove trustees — Members who hold more than 50% of benefits in the fund have the power to appoint and remove the trustee. Click here for more information on SMSF succession.
- Allows for successor trustees —We provide for successor trustees (for example, a trustee’s legal personal representative (LPR)) to step in as trustee on the death or loss of capacity of an existing trustee. The DBA Lawyers’ company constitution contains similar provisions for directors. Click here for more.
- BDBNs —Our BDBN documentation provides a firm basis for making an effective BDBN as confirmed by the High Court in 2022 and numerous prior Supreme Court judgements. A strategic BDBN template is provided which allows for two levels of cascading directions and allows a member to make a pension reversionary, overriding the pension documents as necessary. Alternatively, and especially in view of Div 296, our BDBN template can make a reversionary pension non-reversionary. Click here for more information.
- Members’ wishes can be represented by attorney or executor— A member’s rights can also be exercised by the member’s LPR. Accordingly, where a member dies or is incapacitated, their LPR (eg, the member’s attorney acting under an enduring power of attorney or, following their death, the executors of the deceased’s estate) can exercise the member’s rights in the member’s place, eg, a withdrawal of benefits before a member’s death. Note that unless the attorney document provides for conflict authorisation, an attorney cannot make a new BDBN that benefits themselves.
- Power to admit conditional members— It is very difficult to remove a member from an SMSF if there is a falling out. Members can be admitted subject to certain trigger events that force them to exit the fund automatically. This can serve as a useful tool especially where a second spouse or children are included in an SMSF and there is a falling out. Click here for more information.
Strategic and other advantages
- Latest SMSF strategies and traps covered — We include the latest SMSF, tax, stamp duty and asset protection strategies in our SMSF governing rules. For example, our SMSF governing rules protect a member’s pension payments from creditors.
- Detailed powers to invest in digital assets— The DBA rules contain expansive powers in relation to investing in various types of digital assets in numerous ways. Caution is still needed to ensure that such investments actually comply with superannuation law and advice should be sought if in doubt.
- Trustees empowered to do normally restricted things — Many are not aware that numerous popular activities are prohibited unless express power exists. For example, there are general prohibitions on SMSF trustees carrying on a business (eg, a property development business), being remunerated for their services, investing in various assets or investing in a single bulky asset without diversification. Our governing rules empower these activities and many more commercially realistic ventures.
- Detailed memo and PDS—These documents provide an overview of the super rules and greatly assist members and trustees to understand their duties, rights, and entitlements.
- Eligible for the Annual Update Service— For those wanting peace of mind that their SMSF’s governing rules are kept up to date, we offer the Annual Update Service that provides our latest SMSF governing rules, PDS and SMSF Memo each 1 July for a reduced annual cost. Many advisers like to have all their SMSFs on our latest governing rules, allowing for easier administration and compliance.
DBA Lawyers’ latest deed
DBA Lawyers is well recognised throughout Australia by many accounting, legal, and financial planning firms as the leading SMSF law firm and document supplier. An SMSF’s governing rules is the cornerstone that makes or breaks many SMSF strategies. By updating to our latest SMSF governing rules, you keep up to date with legislative changes, developments and strategies.
For an article on why SMSF deeds should be ordered from a law firm rather than a non-qualified supplier click here.
A new SMSF can be ordered here. An update to an existing SMSF’s deed can be ordered here.
We also offer a large range of related documents and services which complement our SMSF governing rules.
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For more information regarding how DBA Lawyers can assist in your SMSF practice, visit www.dbalawyers.com.au.
