SUPERCentral legal services are provided by TOWNSENDS BUSINESS & CORPORATE LAWYERS

Enduring Power of Attorney and SMSF Replacement Trustee Documents

$550.00 - $750.00

These documents are designed for a member of SMSF to have another person acting as a trustee (or a director of the corporate trustee) of their fund on their behalf.

The document pack includes:
-    Letter of advice
-    Enduring power of attorney applicable to the State/Territory
-    (if the SMSF has individual trustees) SMSF change of trustee documents
o    Trustees record of decisions
o    Deed of Change of Trustee

-    (if the SMSF has a corporate trustee)
o    Trustee written resolutions
o    Consent to act as director
o    Director replacement documents (resignation and appointment)

Price:

$550.00 per fund for SMSFs currently governed by SUPERCentral trust deed and governing rules.

$750.00 for SMSFs currently governed by Non-SUPERCentral trust deed and governing rules

(Important note: Above standard fees include preparation of one (1) enduring power of attorney document. For SMSFs with multiple members, additional enduring power of attorney documents can be ordered when completing the instructions form at an additional fee of $165 each).

Documents will be available within 72 hours of receipt of final instructions and payment.


Background

One general requirement of an SMSF is that all fund members must be either individual trustees or directors of the company trustee
This requirement can cause a number of issues.

(a)    To be able to access superannuation tax concessions, the fund must be an Australian superannuation fund.  One of the criteria of an Australian fund is that its central management and control must ordinarily be in Australia.  Generally, this means the trustees (or the directors of the trustee company) must reside in Australia.  This requirement may not be met if a member/trustee wishes to reside overseas.

(b)    If a member becomes incapacitated, the member may not be able to act as trustee (or director of a trustee company).

(c)    A member may no longer want the responsibility of being a trustee (or director of a trustee company).

However, there is an exemption to this general requirement if:

(a)    the member has appointed a person under an Enduring Power of Attorney; and

(b)    the attorney appointed under the Enduring Power of Attorney is appointed as a trustee (or director of the company trustee) in place of the member.

This means that a member does not have to hold office as a trustee (or a director of the company trustee) if the member has a current Enduring Power of Attorney in place and the person appointed as attorney in that document is a trustee of the fund (or the director of the trustee company) in the member’s place.

Please click here to view an Information Sheet on Appointing an Enduring Power of Attorney. For more information on Enduring Power of Attorneys, please click here to view an article written by Townsends Lawyers.