Question 1

Who acts as Chair?

Accepted Answer

The Chairman has the casting vote in the event of any locked vote on the Board. The constitution allows a rotating chair or a chair who can be appointed for an indefinite or definite period.

Question 2

What happens on the death of a member/Director of the SMSF corporate trustee?

Accepted Answer

On death of a member, the Board of Directors must appoint the deceased member’s LPR as a Director or lose its trusteeship. In addition, the deceased member’s LPR as a Director has the only vote in relation to the payment of the deceased member’s death benefits.

Question 3

What are the ASIC fees?

Accepted Answer

As a special purpose company discounted annual ASIC fees apply and a significant discount for ASIC fees paid forward for ten years. In that regard the company only pays ASIC annual fees of $53 or if paying in advance for 10 years (highly recommended) a fee of $370.

Question 4

How long does this document take to assemble?

Accepted Answer

Depending on the complexity of the data, this document should take approximately 5-10 secs to assemble. If you experience timing outside of this please contact Support via the Surge app, alternatively please read this article for troubleshooting tips https://info.lightyeardocs.com.au/supportcentre/troubleshooting-longer-assembly-times-timeouts .

Question 5

Do you have a data capture form I can use?

Accepted Answer

Yes. It is available here: https://info.lightyeardocs.com.au/supportcentre/data-capture-form-company-variation-upgrade

Question 6

Is Proportional Voting an option?

Accepted Answer

The LYD special purpose Trustee company generally provides for one director – one vote rule but a proportional rule based on representative member account balances can be implemented by the directors.

Question 7

What is the upgrade process?

Accepted Answer

The upgrade process is simple and requires the Board of Directors may resolve to upgrade the company’s constitution to the LYD SMSF Special Purpose Company. You can watch the video of how to complete the process.

Question 8

Is this document a legal document?

Accepted Answer

All master documents have been signed off by LY Legal lawyers. Tony Anamourlis of LY Legal advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LYD platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LYD platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”

However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by LY Legal.

The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:

“if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”

Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances. The Court held that this process was legal work.

Question 9

Is the document easy to read?

Accepted Answer

All LYD products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lyd.com.au.

Question 10

What lawyers sign off on LYD documents?

Accepted Answer

All LYD documents are prepared and signed off by LY Legal.

Question 11

Are the LYD documents reviewed regularly?

Accepted Answer

All LYD documents form part of the LYD internal review process. We review all documents at least annually or when required to do so due to changes in legislation. Further details of this process and a review schedule is include on this website.

Question 12

Can I get a sample of this document?

Accepted Answer

Yes, please email support@lyd.com.au to request a sample document for you to review.

Company Constitution Variation to LYD SMSF Special Purpose Company