SMSF services

Self-managed super funds (SMSF).

An SMSF puts you in control of your retirement savings and makes you responsible for every decision the fund makes. The deed is the fund's rulebook, and it has to be drafted to the SIS Act, current ATO positions and the way you actually intend to run the fund.

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Lawyer prepared

SMSF documents prepared by a lawyer with your auditor in mind.

Fast turnaround

Establishment packs and deed updates in one to two business days.

Fixed fee, quoted first

Fixed fee quoted first, including any trustee company costs.

Compliant documents

Drafted to the SIS Act and current ATO positions.

What an SMSF establishment includes.

We prepare the trust deed, register the sole-purpose corporate trustee where one is used, prepare trustee consents, member applications, ATO trustee declarations, the investment strategy framework and the establishment minutes.

We also deal with the practicalities: obtaining the ABN and TFN, electing to be a regulated fund, setting up the fund's bank account requirements, and explaining what the trustees must do each year to stay compliant.

Every member must be a trustee or a director of the corporate trustee, and every trustee must be a member. Getting this wrong makes the fund non-complying, which is the most expensive mistake available.

Why it pays to have this done properly.

A deed that permits what you plan to do

Borrowing, pensions, reversionary nominations, binding death benefit nominations and in-specie contributions all depend on express powers in the deed.

Control over your investments

Direct property, shares and other permitted assets held in the fund's own name, under a strategy you set.

Estate planning integrated

Death benefit nominations and reversionary pensions drafted alongside your will so superannuation goes where you intend.

Is this you?.

  • You want direct control over your superannuation investments
  • You intend to buy property through your super fund
  • You are consolidating family superannuation into one fund
  • Your adviser has recommended an SMSF and you want it done properly

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.

  1. 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.

  2. 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.

  3. 03

    We prepare and lodge

    We draft the trust deed, trustee documents, declarations and establishment minutes, send it for signing with clear instructions on who signs what and when, and attend to any ASIC, State Revenue Office or ATO lodgement.

  4. 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 fee for the establishment pack, with the sole-purpose trustee company and ASIC fees quoted separately. Ongoing administration and audit are handled by your accountant.

Request a fixed-fee quote

FAQs

Frequently asked questions.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

How much do I need to start an SMSF?
There is no legal minimum, but the fixed costs of running a fund mean it is generally not cost-effective for very small balances. Your adviser should model whether it suits you.
Individual or corporate trustee?
A corporate trustee is strongly preferred, simpler membership changes, cleaner asset titles, lower ASIC review fees for a special purpose company and a requirement for most lenders.
How long does establishment take?
Documents are usually ready within one to two business days. ABN and TFN registration takes longer, and the bank account follows.
What are an SMSF trustee's main legal obligations?
An SMSF must be run under the sole purpose test, meaning it exists to provide retirement benefits rather than a present day benefit to members. Trustees also have to keep the fund's money and assets strictly separate from their own, prepare and follow an investment strategy, deal with related parties on arm's length terms, and never give members early access to their super outside the limited conditions of release. These duties are why the deed and the way the fund is set up matter, and they sit alongside the advice your accountant and adviser provide.
When can I actually access my super in an SMSF?
Not until you meet a condition of release, which is generally reaching preservation age and retiring, or another limited condition set by the superannuation rules. An SMSF gives you control over how the fund invests, not early access to the money, and giving members the benefit of their super early is one of the most serious compliance breaches a fund can make.
Can my SMSF invest in or deal with my own business or family?
Only within strict limits. The in-house asset and related party rules restrict how much of a fund can be invested in, or lent to, members and their related entities, and dealings have to be on arm's length commercial terms. There are some exceptions, such as business real property the fund can lease to a related business, but the boundaries are tight and getting them wrong is costly, so the deed and the strategy need to be set up with these rules in mind.

Related services.

Sole-purpose trustee company

A special purpose company constituted solely to act as trustee of an SMSF.

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Update to SMSF

Bring an older SMSF deed up to current superannuation law and practice.

Learn more

Bare trust: SMSF

The holding trust that owns the asset while your SMSF repays the loan.

Learn more

Ready to get started with smsf establishment?.

Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.

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