Create the trust and trust deed
A trust is an arrangement where a person or company (the trustee) holds assets (trust property) in trust for the benefit of others (the beneficiaries). A super fund is a special type of trust, set up and maintained for the sole purpose of providing retirement benefits to its members (the beneficiaries).
To create a trust, you need:
- assets (an initial nominal consideration to give legal effect to the trust can be used – for example, $10 attached to the trust deed)
- identifiable beneficiaries
- the intention to create a trust.
A trust deed is a legal document that sets out the rules for establishing and operating your fund. It includes such things as the fund’s objectives, who can be a member and whether benefits can be paid as a lump sum or income stream. The trust deed and super laws together form the fund’s governing rules.
The trust deed must be:
- prepared by someone qualified to do so – it's a legal document
- signed and dated by all trustees
- properly executed according to state or territory laws
- regularly reviewed, and updated as necessary.
An SMSF is a type of trust. A trust requires trustees, assets, beneficiaries and the intention to create a trust. A trust deed sets out the rules for establishing and operating the fund.