Trustee Declaration

A Trustee Declaration is required to be completed and signed by all Trustees of an SMSF when they are added to an SMSF. The main purpose of the Declaration is to ensure that new Trustees (or directors of a Corporate Trustee) understand their duties and responsibilities when running an SMSF.

The Trustee Declaration form must be signed within 21 days of becoming a Trustee or director of a Corporate Trustee of an SMSF. Each Trustee of the SMSF is required to complete and sign in a separate form.

Individuals who act on behalf of a Member as a Trustee or director of a Corporate Trustee of an SMSF, are also required to complete the Declaration form. This usually applies to a:

  • Member who is under a legal disability (usually a Member under 18 years of age)
  • Member for whom you hold an enduring power of attorney
  • A Deceased Member

To learn more about Trustee’s duties and responsibilities, view the ATO fact sheet and the video below.

SMSF Trustee Declaration

To download the Trustee Declaration form, please click on the button below.

Download the Trustee Declaration

For more information on Trustee Responsibilities, please view the ATO brochures on our Guide to SMSF page.

FAQ:

Q- If an SMSF that was established before the 1st July 2007 decides to change the Fund structure from Individuals to a Corporate Trustee, do the Trustees / Directors of the Corporate Trustee need to complete an ATO Trustee Declaration form?

A – Yes, S104A of the Superannuation Industry (Supervision) Act 1993 requires if a person becomes a Trustee of an SMSF or a Director of a new Corporate Trustee of an existing SMSF, they must:

  • Sign the Trustee Declaration within 21 days of becoming a Trustee/Director
  • Ensure the Declaration is kept for at least 10 years
  • Ensure the Declaration is available to present to the Regulator if requested

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