Areas of Expertise Industry Experience The Team Office Locations Our History Contact Us Resource Centre Working at O'loughlins Home

Resource Centre
Self Managed Fund
 

Before Completing the Form

Your accountant or financial adviser may have recommended the establishment of a Self Managed Superannuation Fund (SMF).

You can use this facility to instruct us in relation to establishment of a SMF. It is important that you understand the purpose behind a SMF before you apply this structure to your affairs. If you have not already done so, please consult your accountant or licensed financial advisor to determine if this is the best option for you. We aim to periodically review the terms of our Superannuation Fund Deed to ensure that it complies with applicable State and Commonwealth Legislation.

Guidelines

The following guidelines may assist you when making your selections.
These guidelines can be downloaded by clicking here.

Name of Fund
You do not need to check to see if the proposed name of your Fund is available. The Fund will not be a trading entity. The Fund name is only an identifiable feature of the terms documenting the provisions of the Fund (the Fund Deed).

Trustee
You may have been advised to have a corporate trustee for your trust, and you may have already instructed us in relation to the incorporation of the proposed corporate trustee by completing the Company Instruction Form. Please note that we cannot finalise the Fund documents until the corporate trustee has been registered with the Australian Securities and Investments Commission and has been allocated an Australian Company Number. We can however complete the documents in draft form for your approval.

Alternatively, one or more individuals can act as Trustee of a Fund, provided that various requirements in relation to the structure of the Fund have been complied with. Those requirements are more particularly set out in the following paragraphs.

The Trustee has the power to make investments on behalf of the Fund, subject of course to prudential supervision under the various regulatory bodies.

To qualify as a SMF the Fund must be structured as follows:

2-4 Member Funds
Super Fund (other than a single member fund) is a SMF if:
  • It has 2-4 members and
  • If trustees are individuals, each trustee is a member and
  • If trustee is a body corporate, each director of the body corporate is a member, and
  • Each member is a trustee of the Fund or a director of the corporate trustee of the Fund, and
  • No member is an employee of another member, unless they are relatives, and
  • No trustee receives remuneration for services performed in relation to the Fund.
Single Member Funds
Super Fund with only 1 member is an SMF:
  • If the Trustee is a body corporate:
    • Member is sole director of the body corporate; or
    • Member is one of only 2 directors of the body corporate and the member and other directors are relatives; or
    • Member is one of only 2 directors of the body corporate and the member is not an employee of the other director, or
  • If the Trustee is compromised of individuals:
    • Member is one of only 2 trustees, one of whom is the member and the other is a relative of the member, or
    • Member is one of only 2 trustees and member is not an employee of the other trustee, and


  • No trustee receives remuneration for services performed in relation to the Fund.

 

Completing the Form

Once you have selected a name, please follow the prompts and proceed through the form. It contains instructions on how to proceed through each field. Please feel free to contact us if you require any further information or if you require assistance to complete the form.

Click here to fill out the form on-line.

Click here to download the form to fill-in and manually forward to us.

 


Privacy Statement | Disclaimer | Site Map | O'Loughlins, Adelaide Lawyers