Add Enduring Power of Attorney
Section 17A(3)(b)(ii) of the SIS Act provides that a Legal Personal Representative who holds an Enduring Power of Attorney (EPA) granted by the Member may become a trustee / director of a corporate trustee of the Fund in place of the Member and continue to be a Complying SMSF.
These documents are specific to the Smarter SMSF deed that adopts the EPA as a Special Rule of the Fund and as a Paramount Document. These documents can be created for the following circumstances:
- a Member appoints an LPR due to residency issues (i.e. central management and control)
- a Member is incapacitated and appoints LPR.
The following documents are created from this order:
- Request to add Enduring Power of Attorney (EPA) as a Special Rule (and Paramount Document)
- Trustee minutes
- Trustee notification adding EPA
- Consent to Act
- Trustee Declaration
View the sample document
Important Note:
Enduring Power of Attorney documents are not created as part of this order. You will need to arrange to have these documents created separately, which can be arranged by our legal team - contact us at team@smartersmsf.com to enquire about this service
EPA state-based references:
- Victoria - Enduring Power of Attorney form
- NSW - Enduring Power of Attorney requirements
- Queensland - Enduring Power of Attorney form
- SA - Enduring Power of Attorney requirements
- WA - Enduring Power of Attorney information kit
- Tasmania - Enduring Power of Attorney fact sheet
- ACT - Enduring Power of Attorney form
- NT - Power of Attorney requirements
Disclaimer: Smarter SMSF is not responsible for the accuracy, ongoing currency or reliance by you in using the above links for the purpose of understanding or preparing an Enduring Power of Attorney from any of the above links.