Superannuation - SMSF Deed with PDS (GKM)
SELF MANAGED SUPERANNUATION FUND DEED
If you wish to establish a private superannuation fund (called a self managed superannuation fund or SMSF) then the document that will be generated after you complete this template, will allow you to do so.
All superannuation funds, including SMSFs are governed by the Superannuation Industry (Supervision) Act (SIS). It is a complex piece of legislation, supported by comprehensive Regulations.
SIS regulates the conduct of fund trustees and other involved parties, such as fund auditors.
Breaches can result in loss of tax concessions but also fines, and even jail terms for (serious criminal) breaches.
It is imperative that fund trustees are properly informed.
The most important basic principles of SIS are set out in the advice provided in the previous page. SMSF trustees, and directors of a trustee company must understand that all of SIS applies (with very few concessions), and must ensure that they do not breach the provisions in operating the fund. Read the advice carefully and contact us should you have any questions in respect to any aspect of a self managed superannuation fund.
There are two schools of thought on whether a Product Disclosure Statement ("PDS") is required under the Corporations Act (Cth) where members and trustees are one and the same individuals (i.e. an SMSF as outlined above). Depending on what is being achieved, the definition of a Product Disclosure Statement found in section 761 of the Corporations Act may be relevant. However, it is our opinion that where members and trustees are one and the same individuals (i.e. an SMSF as outlined above), there is no need for a PDS. If your opinion is different, then you may complete this template and generate a PDS.
If you require any amendments to the document after it has been returned to you, one of our lawyers can make those amendments however the cost for this work is
not included in the price of this document. Please contact us on info@ampalmer.com.au for further assistance.