Frequently Asked Questions
SMSFs - Deeds of Variation
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Can you look at my SMSF deed and tell me if I need to have it amended?No, we can't - we can only take instructions once you have decided to vary your deed. We will then effectively replace your existing deed with our latest deed. We don't review existing deeds to see if changes are necessary for individual clauses.
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Does NTAA Corporate automatically update all deeds previously provided whenever the law changes for free? Or do I have to pay for a deed of variation?
Unfortunately, no – deed changes are not automatic, nor free. If you decide you need a new deed, you will need a deed of variation – we can provide these for online orders for $195 (if we provided you with the latest deed for the fund), otherwise it will be $275. Manual orders are $275 and $350 respectively..
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I previously ordered an SMSF from you. Since the laws have changed so much, do I now need to upgrade it?
Whilst your deed may contain some terminology which has been superseded by the new provisions, it is drawn sufficiently broadly to allow for the relevant changes to be accommodated.
However, for funds where members are looking at commencing a new pension, or moving existing allocated pensions into the new account-based pension structure, it may be worthwhile to update the deed. Our revised deed is up to date, incorporates the new superannuation terminology, and addresses some specific Simpler Super issues. -
Does the deed enable future changes in SIS, etc, to be covered without alteration to the deed?
The deed contains broad compliance provisions, and is drafted so as to minimise as far as possible the need for updates to be done simply because an aspect of SIS has been amended, or additional strategies have become available under tax and superannuation law.
That is - the deed is drafted as broadly as possible, to allow (as much as possible) for future changes in the law.
Of course, there will from time to time be regulatory changes which make a deed update either desirable or necessary.
For example, if SIS were amended so that the inclusion of a certain provision which is currently contained in the trust deed would render a fund non-complying, it would be necessary to amend the deed. We cannot predict what such changes might involve, and therefore cannot ensure that our deed will continue to be appropriate in all future regulatory environments. However, experience has shown that it weathers most rounds of SIS amendments reasonably well.