Trust Deed establishing a self-managed superannuation fund in the State/Territory of NSW, Vic., SA, WA, NT, ACT. This is designed for a couple (two member SMSF) to be registered with the ATO. Up to two person fund (not single-member) with no corporate trustee. Suits a husband and a wife who are of similar age and with similar retirement plans, or partners (lesbian, homosexual, defacto) in a partnership or a discretionary (family) trust, etc. Any couple who work together, self-employed, who want to lose some of their earnings to a super fund and prepare for their future. Both Trustees are Members and both Members are Trustees.
NOTES: This Deed is designed to establish a Self Managed Superannuation Fund for a couple. It does not require a corporation to be established to act as a trustee. Instead it provides that the members shall be trustees. It is designed for two parties to sign, whereupon they both become member and trustees.
This Deed permits the two founding trustee/members to admit a third and/or fourth additional member. Most couples of similar age probably wouldn’t want additional members with very different retirement ages – so it is unlikely that a couple would want to admit their children to the fund. However, just in case, this possibility is available to the trustees. The law sets a limit of four members per SMSF.
The Deed merely establishes the Trust, which becomes a SMSF when it obtains its TFN and ABN. The Deed says what the Trustees may and may not do, but it doesn’t tell them how to do it, and or when to pay out benefits. For that the Trustees, like any trustee of a superannuation fund, should keep one eye on the changing tax laws affecting trusts, and another eye on the Superannuation Regulations that define “conditions of release”. Remember that the ATO website publishes informative brochures.
s-6025trustdeed.docTrust Deed establishing a self-managed superannuation fund in the State/Territory of NSW, Vic., SA, WA, NT, ACT. for a couple (two member SMSF).
