Amendments to Trust Deeds

We specialise in amendments to all types of Trust Deeds

Discretionary, Unit and Hybrid Trusts

Many trust deeds, whilst containing provisions to safeguard lenders to the trustee of the trust, do not satisfy a financial institution, including many of the major banks who insist on specific wording being included in the trust deed, under regulations of the bank.

Amendments of this nature which are required to be made prior to the finance being provided can be effected at short notice for your convenience.

Various other amendments can be made at reasonable rates to satisfy the requirements of the respective parties to the trust deed.

Fill in our Amendment Trust Deed Order form to proceed with the Amendment to your Trust.

Superannuation Fund Trust Deeds

Due to the many amendments to SIS Legislation and Regulations in recent years and in particular to changes that took effect from 1st July, 2007 it is important that a review be made of your clients' trust deeds.

Such a review should ensure that:

  • The deed is worded in such a way as to include the legislative changes in the trust deed of the Fund.
  • The wording of the trust deed does not restrict the application of the legislative changes.
  • The provisions of the trust deed are not contrary to the SIS legislation and regulations.

Some of the matters to be considered in any review would include:

  • The definition of 'member'.
  • Provisions relating to 'contributions'.
  • The types of Pension Benefits payable e.g. Allocated, Market Linked and Account Based.
  • Ability to pay Pension Benefits from within the fund.
  • Superannuation Splitting Arrangements.
  • Compliance with Family Law Act 1975.
  • Ability of trust to borrow under Section 67 of the SIS Act.

The Advantage of Corp Reps Trust Deeds

Our legal advisers have prepared a Trust Deed that is "future proofed" to substantially reduce the necessity of frequent amendments to the trust deed.

The trust deed includes, in the interpretation clause, a definition of Relevant Law (which includes SIS ACT and SIS Regulations) and by an appropriate use of this definition throughout the trust deed, brings into the trust deed all relevant provisions (both present and future) of the legislation.

Our Update package includes two bound copies and one loose leaf copy of the trust deed plus trustee minutes & members consents, fully completed with your advised details.

Fill in our Amendment Superannuation Funds Order form to proceed with the Amendment to your Superannuation Fund.