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The pioneers of smart, compliant
corporate documents.

Delivering corporate documentation with service, speed and support.

Celebrating over 35 years of customer service excellence.

Smartcorp offers an online ordering platform Direct access to ASIC and an excellent customer service team to support you through the process.

Register a new company or select from the other Smartcorp products and services available online.

Register a Company

Smartcorp offers a fully automated company ordering process that allows registration of your new company (Standard Pty Ltd Company or Special purpose SMSF Trustee Company) within 30 minutes of receiving your order. Smartcorp staff will take care of any lodgment issues with ASIC so you don’t need to monitor or relodge any forms.

On registration, a copy of the documents is emailed immediately and an optional set of printed documentation  (Slimline or Hard Copy) is delivered overnight.

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View Standard Constitution
View SMSF Trustee Constitution
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Other Company Services

Smartcorp also offers a wide range of services including Domain Name Registration, Company and Business Name Searches, Changing a Company Name, Updating a Company Constitution, Converting to one Member/Director Company and Voluntary Company Deregistration.

View Other Company Services

A trust is an arrangement where a person or company (trustee) holds assets for others. The essential requirements of Smartcorp discretionary and unit trusts are a trustee, the trust property, beneficiaries and the trust deed. A trust is not a separate legal entity and the trustee is liable.

Discretionary Trust

Smartcorp’s discretionary trust deed permits the streaming of income and the trustee has the discretion to determine what is income for the purposes of the deed.

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View Discretionary Trust Deed

Unit Trust

Smartcorp’s unit trust deed provides for ordinary units with equal rights in relation to capital and income distributions. Smartcorp also offers a unit trust deed that is fixed for NSW land tax purposes.

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View Unit Trust Deed
View Land Tax Trust Deed
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Establish a SMSF, update an existing fund (either a fund set up by Smartcorp or a third party fund) or set up a SMSF borrowing trust (also known as a bare trust) used for borrowing from the major banks or other financial institutions.

Self-Managed Super Fund (SMSF)

Appoint a corporate trustee (favoured by the Commissioner of Taxation) or individual trustees. The deed permits non-lapsing binding death benefit nominations and non-binding nominations.

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View Checklist
View SMSF Deed

Update an Existing Fund (SMSF)

Updating your client’s SMSF deed may be necessary as a result of being out of date, not permitting limited recourse borrowing or not providing for non-lapsing death benefit nominations.

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SMSF Borrowing Trust

Smartcorp’s SMSF trust deed permits limited recourse borrowing and our borrowing trust establishes the necessary trust where the legal title to the single, acquirable asset is held by a security or custodian trustee with the beneficial interest held by the SMSF (NSW, VIC and QLD only).

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View SMSF Borrowing Trust Deed –>
NSW
Vic
Qld
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Bundled Offer

Self-Managed
Superannuation Fund

Register
Corporate Trustee

As an ASIC Registered Agent, your role is to assist your clients meet their ASIC compliance obligations.

Smartcorp developed Corpliance to reduce the time and stress around assisting your clients with their compliance responsibilities.

Corpliance - ASIC Compliance Service  

Corpliance allows you to update your clients company details online with ASIC, lodge documents outside normal business hours and download and review each company’s annual statement. Before you lodge each change notification, Corpliance will email you the necessary consents, resignation notices, share certificates and minutes required by the Corporations Act.

Launch Corpliance
Find out more about Corpliance

Smartcorp’s agreements cover a range of business activities and may suit a variety of uses; however as with all standard documents, they should be read carefully to see if they will suit the intended purpose.  Professional advice should be obtained before use.  Creating the documents is easy and they will be emailed to you within minutes of Smartcorp receiving your completed order form.

Partnership Agreement

Smartcorp’s Partnership Agreement is a straightforward document, setting out the rules under which a two partner partnership must act and importing the provisions of the Partnership Act. It also provides for agreed drawings of partners.

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Independent Contractor’s Agreement

Smartcorp’s agreement is between the principal and the independent contractor, a consultant. It references agreed specifications to be attached and also allows for variations to those specifications, so the terms of the relationship can be set out clearly.  Whether a person is an independent contractor or an employee may also depend upon the actual working arrangements between the parties.

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Confidentiality Agreement

The Confidentiality Agreement is a general purpose non-disclosure agreement (binding deed of confidentiality) relating to the discloser’s activities and disclosed by or on behalf of the discloser to someone else (Receiver) who also signs the agreement.

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Unsecured Division 7A Loan Agreement

Under the Smartcorp Loan Agreement, the company makes a loan to a shareholder or an associate of a shareholder of the company. The company and borrower agree that loans made are to meet the requirements of the Income Tax Assessment Act 1936 (section 109N of Division 7A) so that those loans are not.

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Need to Know

We’ve selected and brought together some of the most experienced experts in the country to guide our decisions and keep our business at the forefront of this industry.

By Jacob Weinmann

Plain language is important both in Acts of Parliament and in private legal documents. People to whom they apply should not be put off from reading them by complex language.

By Eamonn Moran PSM QC

A Self managed superannuation fund (“SMSF”) is regulated by the Superannuation Industry (Supervision) Act 1993 (Cth) (“SIS Act”). 

By David Morgan

Introducing our Panel of Experts

We’ve selected and brought together some of the most experienced experts in the country to guide our decisions and keep our business at the forefront of this industry.

By Jacob Weinmann

Read More

The Importance of Plain Language

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Interview with Eamon Moran PSM QC

Read More

Company Registration

  • Proposed name of company (preferably include 2nd and 3rd choices as well)
  • The State or Territory Company will be taken to be registered
  • If the proposed name is identical to a registered business name and all the owners of the business name are to be members of the company:

    State or Territory of registration and Registered business number (if business registered prior to 28 May 2012)  OR

    Australian business number (if business registered on or after 28 May 2012)
  • Type of company - standard Pty Ltd or special purpose SMSF trustee
  • Registered office address of the company (not a PO Box) including occupier’s name if company will not be occupying the address
  • Principal Place of Business of the company (not a PO Box)
  • If there is to be an ultimate holding company on registration, its name and ACN/ABN or ARBN and country of incorporation (if not Australia)
  • For officeholders and shareholders – full name (+ACN if a corporate shareholder), residential address and date and place of birth (town and state if within Australia, country only if overseas)
  • For officeholders – whether they are to be Director, Secretary or both.  (Note: The office of secretary is optional, but if appointed one must reside in Australia)
  • For shareholders – number and class of shares, paid and unpaid amounts and whether or not the shares will be held beneficially
  • Type of register – electronic documents only, presentation folder or full register
  • Would you like an extra copy of the company documents emailed directly to your client
  • For an additional fee, would you like a common seal
  • Would you like your firm’s name and address printed on the cover of the company constitution
  • Would you like the ASIC administration of the company to be done through Corpliance, SmartCorp’s online ASIC compliance service

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Unit Trust

  • Name of Trust. Must not end with “Pty Limited”. The Trust name does not have to include the word “Trust”, but usually does.
  • Jurisdiction (normally the State or Territory where the Trustee and other parties who sign the deed are located)
  • Full name (and ACN if a company) and address of Trustee. Can be either two or more individuals, or a company. Sole individual Trustees are not permitted.
  • Chairperson of Trustee (for minutes)
  • Names of unit holders. May be individuals, companies, trusts or superannuation funds. Charities are not normally included. If a trust or superannuation fund is holding the units, you must also enter the name of the Trustee of the trust or superannuation fund including its ACN (if a company).
  • Type of register – electronic documents only, presentation folder or full register.
  • Would you like an extra copy of the trust documents emailed directly to your client?
  • Would you like your firm’s name and address printed on the cover of the deed?

SMSF Establishment

  • Name of Fund.  Must not end with Pty Limited. The name does not have to include the words, “Superannuation Fund” but usually does.
  • Jurisdiction. Normally the State or Territory where the Trustee and Members are located.
  • Full Name (and ACN if a company) and address of Trustee(s). A corporate trustee is preferable.

    (i)  For a corporate Trustee, full names of directors.  All the directors of the company must be Members of the Fund and there must be no other directors.  Each director must not employ any other Member, unless they are related.
    In a sole Member fund, that Member may be the sole director of the corporate Trustee or there may be one other director, who must not employ the Member, unless they are related.
    (ii)  For individual Trustees, all Trustees must be Members of the Fund and none of the Trustees must employ any other Member, unless they are related.
    In a sole Member fund, two Trustees are required, one of whom must be the Member.  The second Trustee must be over 18 years of age (DOB required) and must not employ the Member, unless they are related.
  • For any employer who will be contributing to the Fund, their name (and ACN if a company) and address and if the employer is a company, the full names of all directors (required for Minutes).
  • A SMSF has a maximum of four Members.  For each Member, their full name and address, sex and date of birth as well as their marital status and date of commencement of employment, if known.
  • Type of register – electronic documents only, presentation folder or full register
  • Would you like an extra copy of the trust documents emailed directly to your client
  • Would you like your firm’s name and address printed on the cover of the deed

SMSF Deed Update

  • Name of Fund
  • Jurisdiction. Normally the State or Territory where the Trustee and Members are located.
  • Type of Fund (Employer Sponsored or Self Employed/Gainfully Occupied).  After updating, the office of Principal Employer will cease to exist for Employer Sponsored funds. The former Principal Employer may still make contributions to the Fund as a Contributing Employer.
  • Name of parties who have power to amend the deed (e.g. Trustee)
  • Clause number in deed stating which parties have power to amend the deed.
  • Full Name (and ACN if a company) and address of Principal Employer (if any)
  • For any other employer who contributes to the Fund, their name (and ACN if a company) and address and if the employer is a company, the full names of all directors (required for Minutes).
  • Full Name and address of each Member of the Fund.
  • Full Name (and ACN if a company) and address of Trustee(s). If Corporate Trustee, full names of directors.
  • Type of register – electronic documents or hard copy
  • Would you like your firm’s name and address printed on the cover of the deed?

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Discretionary Trust

  • Name of Trust. Must not end with Pty Limited. The Trust name does not have to include the word “Trust”, but usually does
  • Jurisdiction (normally the State or Territory where the Trustee and other parties who sign the deed are located)
  • Full name (and ACN if a company) and address of Trustee. A corporate Trustee is preferable. If not a company, at least two individuals are preferred
  • Chairperson of Trustee (for minutes)
  • Full name (and ACN if a company) and address of Appointor(s). The Appointor has the power to appoint and remove the Trustee.

  • The Settlor must be an individual 18 years of age or over. A company cannot act as Settlor. They must be at arm’s length from the trust and are not permitted to benefit from the trust; therefore they cannot also be the Trustee, the Appointor or a beneficiary of the trust. The Settlor should not be acting as the Agent of the person establishing the trust

  • Settled sum. A dollar amount must be specified. The settled sum is usually only a nominal amount ($10 or $20). The settled sum should be paid from the Settlor’s own funds and should not be reimbursed either directly or indirectly by any other person.
  • Names of beneficiaries and any persons to be excluded as beneficiaries (if required)
  • Type of register – electronic documents only, presentation folder or full register
  • Would you like an extra copy of the trust documents emailed directly to your client
  • Would you like your firm’s name and address printed on the cover of the deed

SMSF Borrowing Trust

  • Name of SMSF Borrowing Trust
  • Jurisdiction.  Normally the State or Territory where the Trustee and Members are located.
  • Name of SMSF
  • Full Name, ACN and address of Custodian Trustee (Trustee of the Borrowing Trust).  The Custodian Trustee must be a company; Individual Trustees are not permitted.  The Custodian Trustee must not also be the Trustee of the SMSF.
  • Full Names of Directors of Custodian Trustee, one to be appointed as Chairperson (Address to be provided)
  • Address of the asset to be purchased
  • Full name (and ACN if a company) and address of Appointor(s). The Appointor has the power to appoint and remove the Trustee.

  • Legal Description of the asset (eg Lot and DP number) if known.
  • Full Name, ACN (if a company) and address of Trustee(s) of SMSF.  If Corporate Trustee, full names of all directors, one to be appointed as Chairperson.
  • Would you like an extra copy of the trust documents emailed directly to your client

Enquiry

Thank you! Your submission has been received!

Oops! Something went wrong while submitting the form :(

Submit
Contact us on 1300 856 972