Legal Resource Club®
With over 1200 members, our Legal Resource Club® is one of the largest networks of independent Accounting and Financial Planning Firms in Australia.

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Simple Deed of Variation of Super Fund

Where you are of the view that the current Fund Deed is not as comprehensive as it ought to be or simply is not able to meet the demands and expectations of your private business clients, then it is time to update it to the Cleary Hoare Self-Managed Superannuation Fund Deed.

Whilst self-managed superannuation funds are regulated by the Superannuation Industry (Supervision) Act and corresponding Regulations, it cannot be assumed that any trust deed will be sufficient for the retirement objectives of private business owners.

Such clients are too aware of the issues that they face commercially. Their success is dependent on their willingness to meet their objectives and their ability to confront and overcome hurdles and issues.

From a drafter’s perspective, these attributes can be incorporated into documentation that is ideally suited for these clients.  In addition to bare minimum requirements, a Cleary Hoare Self-Managed Superannuation Fund Deed provides the following:

  • In specie, non-cash contributions can be made
  • Spouse contributions can be made
  • Government co-contributions can be made
  • Child contributions can be made
  • Member benefits can be rolled over in specie
  • Members can choose from a wide range of pensions including Account Based Pensions, Market Linked Pensions (or Term Allocated Pensions)
  • Sub-funds to take full advantage of pension exemptions
  • Investments can be allocated to particular members
  • Payment splits under Family Law settlements
  • Special asset protection provisions in respect of payment of benefits
  • Binding death benefit nominations are provided
  • Excess insurance proceeds can be paid to a reserve account to benefit other members
  • The Deed will be automatically updated with changes in the law, provided the Fund is complying

If you want to create a Simple Deed of Variation of Super Fund, please click HERE to download our Instruction Sheet.

If you would like any further information on the Cleary Hoare Simple Deed of Variation of Super Fund, please
contact Cleary Hoare directly to speak to one of our specialist Solicitors.