Company services
Sole-purpose trustee company.
An SMSF with a corporate trustee is simpler to administer, easier to change and better protected than an individual trustee fund. A sole-purpose trustee company is registered with a constitution that restricts it to acting as trustee of a superannuation fund, which is why ASIC charges a reduced annual review fee.
Lawyer prepared
Documents prepared and reviewed by a Victorian commercial lawyer.
Fast turnaround
Most registrations and deeds turned around same day or next business day.
Fixed fee, quoted first
Fixed fee quoted before we start, ASIC fees itemised separately.
Compliant documents
Corporations Act 2001 and ASIC compliant documentation.
What a sole-purpose trustee company does.
The company is registered as a special purpose company under the Corporations Act, with a constitution prohibiting it from carrying on business other than as trustee of a regulated superannuation fund. Every fund member must be a director, and every director must be a member.
We register the company, prepare the constitution in the special purpose form, obtain consents and director IDs, and hand over the pack in the form your SMSF auditor expects.
The reduced ASIC annual review fee only applies while the constitution keeps the company sole-purpose. Do not use the company to trade or hold non-fund assets.
Why it pays to have this done properly.
Cleaner asset ownership
Fund assets are held in the company's name, so a member joining, leaving or dying does not require every asset to be retitled.
Lower ASIC fees
Special purpose companies attract a substantially reduced annual review fee compared with an ordinary proprietary company.
Required for many lenders
Most lenders will not write a limited recourse borrowing arrangement to a fund with individual trustees.
Is this you?.
- You are establishing a new SMSF and want a corporate trustee
- You are converting an existing fund from individual trustees
- The fund plans to borrow to buy property
- A member is joining, leaving or has died and titles need simplifying
If any of these sound familiar, a short conversation will tell you whether this is the right document, and what it costs, before you commit.
How it works.
- 01
Tell us what you need
Start online or call us. We take short instructions, names, roles, structure and timing, and confirm this is the right document for what you are actually trying to achieve.
- 02
We check the detail
We confirm eligibility, consents, existing documents and any tax or duty consequence before drafting, so nothing is discovered after lodgement.
- 03
We prepare and lodge
We draft the special purpose constitution, consents and the ASIC registration, send it for signing with clear instructions on who signs what and when, and attend to any ASIC, State Revenue Office or ATO lodgement.
- 04
You get a complete file
You receive executed documents, registers and confirmations in a single organised pack, plus a short note on what to keep and what happens next.
Fees.
Fixed professional fee plus the ASIC registration fee at cost. Bundled pricing is available where the trustee company is registered alongside a new SMSF establishment.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Can an existing trading company act as SMSF trustee?
Do all members have to be directors?
Can we change from individual trustees later?
Related services.
SMSF establishment
A complete SMSF establishment pack, deed, trustee, consents and minutes.
Learn moreChanges to SMSF trustee
Add, remove or replace trustees and members, including corporate conversion.
Learn moreCompany registration
A properly constituted Pty Ltd company, registered with ASIC and ready to trade.
Learn moreReady to get started with sole-purpose trustee company?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.