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Super Trust Deeds

Learn what a Self-Managed Super Funds (SMSF) is, how much an SMSF costs and how to manage a SMSF in Australia.

Who can be a Trustee of a Superannuation Trust deed?

Under section 17 of the SIS Act (and as set out in the definitions section of the Patricia Holdings Superannuation Trust deed) the Members must be the Trustees, or if the Trustee is a Company then the Directors of the Trustee Company must be the same persons as the members.

If there is only one Member of the Superannuation Fund then that Member plus another person unrelated to the Member will be Trustees, unless that second person is the employer of the member then they should be related. For a single Member SMSF with a Corporate Trustee, either the single Member will be the Sole Director of the Company or it will be a two Director company with the Member being one and an unrelated second person being the other (unless they are the employee of the Member as above).

Minors (a person under 18) cannot be Trustees or Directors of a Trustee Company. But a Legal Personal Representative of a minor can represent the minor.

Bankrupted and disqualified persons cannot be Trustees' or Directors of a Trustee Company.

Super Trust Deeds

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