Advanced search

Top Navigation

SMSF Agreements

Agency/Bare trust deed for use in property development involving related party builder$2,695
Tenants in common agreementPOA
Unitholders' agreementPOA
Commercial, investment and related agreementsPOA

Agency/bare trust deed for use with related party builders

Where an SMSF proposes to engage the services of a related party builder, there are numerous risks to manage. In particular, an SMSF trustee must not acquire any asset from the related party unless that asset satisfies an exception under 66 of the Superannuation Industry (Supervision) Act 1993 (Cth). Thus, for example, an SMSF trustee must not acquire any building materials from a related party.

We prepare documents that appoint a related party to act as agent for the SMSF trustee in relation to a building project. This document authorises the builder to act as a limited agent for the SMSF trustee to acquire any required materials and/or third party services.

This document package includes:

  • covering letter;
  • agency/bare trust deed;
  • trustee resolutions; and
  • documentation to assist in directing the agent.

Tenants in common agreement

A tenants in common (‘TIC’) agreement outlines the terms and conditions relating to the ownership of real property that is owned as tenants in common. A TIC agreement can provide certainty in situations such as where one co-owner wants to sell at a price that the other co-owner does not agree to. The TIC agreement has a process to overcome deadlocks and disputes in arriving at fair market value.

Our TIC agreement package covers, amongst other things, death, disablement, compulsory and voluntary sales. The package includes:

  • detailed agreement;
  • detailed explanatory memo;
  • covering letter; and
  • trustee resolutions.

Commercial, investment and related agreements

We can provide advice, drafting input and feedback on a range of other agreements that relate to SMSFs.

Commercial, investment and related agreements
We can provide SMSF, legal and tax input and feedback on a range of other agreements that relate to SMSFs including:

  • Whether an investment in a unit trust, company, partnership or other structure would give rise to any SMSF, legal or tax issues
  • Whether a unitholders or shareholders agreement would contravene any superannuation law
  • Other agreements that are entered into by SMSFs

The above fee is for documents only without any advice. We strongly recommend that any SMSF trustee undertaking such an arrangement obtains advice prior to undertaking any building project or property development to minimise the risk of any contravention of any superannuation or related law.

Print Friendly, PDF & Email