Order, SMSF establishment, Kallan Lawyers

Trustee structure and directors

Choose the trustee structure, then add the adult directors or trustees. Each director is also a member of the fund (unless ticked otherwise).

Trustee type *

Individual trustees Corporate trustee

Most modern SMSFs use a corporate trustee. A corporate trustee provides better asset protection, simpler administration when a member is added or removed, and allows a single-member fund. Individual trustees require at least 2 individuals (you cannot have one individual trustee, even for a single-member fund).

Invalid structure. A single-member SMSF cannot have only one individual trustee. SIS Act s 17A requires either,

(a) a corporate trustee with the member as sole director, OR
(b) a corporate trustee with the member plus a non-member director, OR
(c) two individual trustees (the member plus a non-member individual).

Please change the trustee structure to corporate, or add a second director (you can mark them as a non-member if appropriate).

Corporate trustee company

Does the trustee company already exist? *

Yes — existing company No — register new company

Details for the new Pty Ltd company that will act as trustee. We'll register it with ASIC as part of the same order. Add $825 inc. GST to the fee.

Proposed company name *

State of registration *

Registered office address *

Occupier consent for registered office *required if office is not owned or leased by the company

Yes No Not applicable

Directors of the trustee company

Each director is automatically a member of the fund. If a director is acting in a non-member capacity (e.g., as legal personal representative or attorney), tick the option in their card.

02b

Trustee company office-holders

For the NEW trustee company being registered with ASIC.

Secretary *

Every SMSF corporate trustee must appoint a company secretary. Most commonly, one of the directors acts as secretary.

Same as a director Different person

Which director will act as secretary? *

Public officer

For tax purposes, every company must appoint a public officer within 3 months of registration. For SMSF corporate trustees, usually the first director.

Same as a director Different person

Which director will act as public officer?

Shareholders

Add each shareholder and the shares being issued. For SMSF corporate trustees, typically each director holds one ordinary share at $1.00 paid.

Need custom share rights? Special-purpose SMSF trustee companies typically have simple ordinary shares. If you need different dividend, voting, or liquidation rights, describe in special requests.

Settlor

The settlor establishes the trust by contributing a nominal settlement sum.

Important: the settlor must be an unrelated party to the fund members (not a member, director, relative or associate). The settlor and their relatives are excluded from benefiting under the fund — choosing a related party can cause significant tax and compliance issues.

Settlor full legal name *

Settlor firm if applicable — e.g., accounting or law firm

Settlor address *

Settlement sum *nominal — typically $10

Consents and ATO declarations

Each trustee, director, member and shareholder must give written consent or sign the relevant declaration.

ATO Trustee Declaration required. Within 21 days of being appointed, each new trustee or director of a corporate trustee must sign the ATO Trustee Declaration (NAT 71089) under SIS Act s 104A. Make sure the accountant is responsible for ensuring this is signed and retained with the fund's records.

Have you obtained signed written consents from each person? *

Yes, already on file No, issue blanks with the pack

Required consents and declarations for this matter

Required consents will appear once you've added directors.

Acknowledgments

Before you submit, please confirm each of the following. All five ticks are required.

No advice given. I acknowledge and accept that Kallan Lawyers has not provided, is not providing, and will not be taken to have provided, any legal, taxation, accounting, financial, or commercial advice in connection with this order. This includes any advice as to the appropriateness, suitability, structure, tax consequences, or implications of the documents, the parties, or the transaction. I have not relied, and will not rely, on Kallan Lawyers for such advice. General-purpose documents. I understand and accept that the documents will be prepared as general-purpose documents based solely on the information entered in this form, without consideration of the client's specific circumstances, objectives, or needs. The documents are not customised to specific facts beyond what has been entered above, and Kallan Lawyers gives no warranty (express or implied) that the documents are fit for any particular purpose. Independent advice obtained. I confirm that the client has obtained, or has been clearly advised in writing to obtain, independent legal, tax, accounting and financial advice before signing or acting on any of these documents. I undertake to recommend that the client do so prior to execution, and I accept that this order proceeds on that basis. Authority and accuracy. I warrant that I am authorised to provide these instructions on behalf of all relevant parties, and that all information provided is true, complete, and accurate to the best of my knowledge. I acknowledge and accept that Kallan Lawyers will rely entirely on the information provided without independent verification, and that any error, omission, or misstatement is at the risk of the client. Limitation of liability. I agree that Kallan Lawyers' total aggregate liability arising from or in connection with this order, however caused, is limited to the fee paid for the document pack. To the maximum extent permitted by law, Kallan Lawyers excludes all liability for consequential, indirect, special, or third-party loss, including loss of profit, loss of opportunity, or tax consequences, arising from the use, structure, or implications of the documents.

0 of 5 confirmed

SMSF establishment.

Fund basics

Trustee structure and directors

Corporate trustee company

Directors of the trustee company

Trustee company office-holders

Secretary *

Public officer

Shareholders

Settlor

Minor members 0 added

Structure summary

Members

Directors

Shareholders of the trustee company

Special requests, anything outside standard scope?

Upload supporting documents

Consents and ATO declarations

Required consents and declarations for this matter

Your details

Acknowledgments

Review before submitting.

Order received.

What happens next

SMSF establishment.

Fund basics

Trustee structure and directors

Corporate trustee company

Directors of the trustee company

Trustee company office-holders

Secretary *

Public officer

Shareholders

Settlor

Minor members 0 added

Structure summary

Members

Directors

Shareholders of the trustee company

Special requests, anything outside standard scope?

Upload supporting documents

Consents and ATO declarations

Required consents and declarations for this matter

Need consent forms now?

Your details

Acknowledgments

Review before submitting.

Order received.

What happens next