The Guts of the SMSF – the Deed

The Deed must have clauses such as facilitating, concessional contribution caps, non-concessional contributions cap, co-contribution scheme, internal rollovers, account based pensions, compulsory cashing rules, rejecting excessive contributions, to name a few. It is for these reasons that we recommend a lawyer specialising in superannuation  draft the trust deed. 


The Deed must also include clauses  that enable it to be eligible to be a regulated fund under the Superannuation Industry Supervision Act 1993 (“SIS Act”), that the trustee complies with the SIS act, eg a constitutional corporation, and that the deed provides that the sole purpose of the fund is for the provision of old age pensions.