Change to a member's legal name
What is required when a person changes their name (e.g. marriage)?
There is no legal requirement to prepare any additional documentation to reflect a name change as may occur when someone gets married, or under other circumstances.
Will this pose a problem for the SMSF documentation now that the name of the person is different to that listed within the SMSF deed, bank account and assets held by the fund?
You may wish to acknowledge this name change by trustee minute / resolution, supported with a copy of the name change document and store with the Fund's register (i.e. noting the member's old and new name). The minute would include (but not be limited to):
- that the member has changed their name
- that the trustee has obtained evidence of the name change (e.g. marriage certificate) and kept this on file with the Fund's register of members; and
- there is no change in membership of the fund as a result of the name change.
Where relevant, the trustee may wish to prepare a statutory declaration to evidence this change, along with other relevant documents confirming the change of the member's legal name (e.g. passport or driver's licence)