Statutory declaration by corporate SMSF trustee Name of SMSF Fund:... ABN of SMSF Fund:... I, the person named as the declarant in Schedule 1, solemnly and sincerely declare as follows: 1 I am a director of the company named in Schedule 1 (SMSF Trustee) and I am authorised to make this declaration on behalf of the SMSF Trustee. 2 The names and addresses of all the current directors of the SMSF Trustee are as shown in Schedule 2. 3 The SMSF Trustee is the sole trustee of the superannuation fund named in Schedule 3 (SMSF Fund). 4 A certified true copy of the trust deed creating the SMSF Fund (SMSF Trust Deed) was provided to AMP Bank Limited ABN 15 081 596 009, AFSL/Australian Credit Licence number 234517 (AMP Bank). 5 The SMSF Fund has been established in accordance with and is currently fully compliant with the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act). 6 Particulars of the beneficiaries of the SMSF Fund are shown in Schedule 4. 7 No changes have been made to the SMSF Trust Deed. 8 The SMSF Trust Deed is valid and effectual. 9 The SMSF Trustee as trustee for the SMSF Fund has not committed any breach of trust. 10 Under the SMSF Trust Deed, the SMSF Trustee as trustee for the SMSF Fund: (1) has power to borrow and is not prohibited from borrowing under limited recourse borrowing arrangements to acquire a residential investment property located at the address shown in Schedule 5 (Trust Property) pursuant to section 67A of the SIS Act; and (2) has power to invest and is not prohibited from investing in the Trust Property pursuant to section 67A of the SIS Act. 11 The company named in Schedule 6 (Security Custodian) acts as bare trustee for the property trust named in Schedule 7 (Security Trust) to hold the legal title to the Trust Property on trust for the SMSF Fund in order for the SMSF Trustee as trustee for the SMSF Fund to borrow funds from AMP Bank for the purchase or refinance of the Trust Property pursuant to section 67A of the SIS Act. 12 The Trust Property is beneficially acquired or refinanced by the SMSF Trustee in its capacity as trustee for the SMSF Fund by using moneys provided by the SMSF Fund and funds borrowed from AMP Bank. SDCorpv202112012 1
13 The Security Custodian is or is to be the registered proprietor of the Trust Property but has acquired it for the benefit of the SMSF Trustee as trustee for the SMSF Fund. 14 The Trust Property is: (1) acquired on an arm s length basis; and (2) not acquired from a related party (as defined in the SIS Act) of the SMSF Fund. 15 The arrangements and transactions contemplated by the trust deed of the Security Trust and associated documentation and the loan with AMP Bank and security documentation will not give rise to a breach by the SMSF Trustee, the Security Custodian or any of the beneficiaries of the SMSF Fund to the arrangements and transactions of any of the following: (1) the SIS Act; (2) the SMSF Trust Deed of the SMSF Fund; (3) the trust deed of the Security Custodian or any other agreement in connection with the Security Trust relating to the Trust Property; and (4) the investment strategy of the SMSF Fund. 16 I am aware that AMP Bank is relying on this declaration in agreeing to lend to the SMSF Fund on security of the Trust Property and I warrant the accuracy of the statements and representations made in this declaration. Schedule 1 Declarant and SMSF Trustee Name & Address of Declarant:... (Print Name)... (Print Address) Name of SMSF Trustee:... (Print Name) ACN/ABN:... Schedule 2 Names and addresses of directors of the SMSF Trustee Name & Address of Director 1:... (Print Name)... (Print Address) SDCorpv202112012 2
Name & Address of Director 2: (If applicable)... (Print Name)... (Print Address) Name & Address of Director 3: (If applicable)... (Print Name)... (Print Address) Name & Address of Director 4: (If applicable)... (Print Name)... (Print Address) Schedule 3 SMSF Fund... (Name of SMSF Fund) constituted by a trust deed dated... entered into between (Date of Deed) (Name of Party 1) (Name of Party 2) (Name of Party 3)... (Name of Party 4) Schedule 4 Particulars of beneficiaries (Name of Beneficiary 1) (Name of Beneficiary 2) (Name of Beneficiary 3)... (Name of Beneficiary 4) SDCorpv202112012 3
Schedule 5 Trust Property address... (Insert full street address of property to be acquired)...... Schedule 6 Security Custodian Name of Security Custodian:... ACN/ABN of Security Custodian:... Schedule 7 Security Trust... (Name of Security Trust) constituted by a trust deed dated... entered into between (Date of Deed) (Name of Party 1) (Name of Party 2) (Name of Party 3)... (Name of Party 4) SDCorpv202112012 4
Completion of swearing clauses: A statutory declaration should be made in accordance with the law of the state or territory where it is made. Please complete the relevant clause for the state or territory within which this statutory declaration is made. Only one director is required to sign on behalf of the corporate SMSF Trustee. SDCorpv202112012 5
New South Wales AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act 1990. SIGNED AND DECLARED by the above named declarant at... in New South Wales on... [day] [month] [year] in the presence of an authorised witness, who states: ) ) ) ) ) [Signature of declarant] I a [insert name of authorised witness] [insert qualification of authorised witness] certify the following matters concerning the making of this statutory declaration by the person who made it: [* Please cross out any text that does not apply] 1 *I saw the face of the person OR *I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering. 2. *I have known the person for at least 12 months OR *I have not known the person for at least 12 months, but I have confirmed the person s identity using an identification document and the document I relied on was [describe identification document relied on]. [signature of authorised witness] [date] Statutory declarations for use in New South Wales may be made before the following persons: Justice of the peace an Australian legal practitioner Notary public Commissioner of the court for taking affidavits the Registrar-General a Deputy Registrar-General or other person by law authorised to administer an oath SDCorpv202112012 6
What are identification documents? Either an original or a certified copy of one of the following can be provided: Driver s licence, issued by a State or Territory, or a foreign country, that contains your photograph Credit card, account card, a passbook or statement of account, from a bank, building society or credit union (the document must not be more than 1 year old, except in the case of a credit card or passbook) Medicare card or Centrelink pension card Australian Passport Birth certificate / birth extract issued by a State or Territory Citizenship certificate issued by the Commonwealth Department of Veterans Affairs entitlement card, or other entitlement card issued by the Commonwealth or a State Government Electoral enrolment card, or other evidence of enrolment as an elector Photo card issued under the Photo Card Act 2005 (NSW) Proof of age card, issued under a Commonwealth law, or by a State or Territory containing your photograph Student identity card from an educational institution (the document must not be more than 2 years old) Passport issued by a foreign government or the UN, containing your photograph and signature National identity card issued by a foreign government, or the UN, containing your photograph and signature Birth certificate issued by a foreign government, or the UN Citizenship certificate issued by a foreign government The document must not have expired (other than an Australian passport that has been expired for less than 2 years) or been cancelled. If the document was issued by a foreign government or the UN, and is in another language, it must be accompanied by a document purporting to contain an English translation of the document. SDCorpv202112012 7
Australian Capital Territory I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular. Declared at... in the Australian Capital Territory... [day] [month] [year] [Signature of declarant] Before me: Note 1 A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years see section 11 of the Statutory Declarations Act 1959. Note 2 Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 see section 5A of the Statutory Declarations Act 1959. A statutory declaration under the Statutory Declarations Act 1959 (Cth) may be made before a person before whom a statutory declaration may be made under the law of the state in which the declaration is made. The Statutory Declarations Regulations 1993 (Schedule 2) also lists the persons before whom a statutory declaration may be made under the Act. SDCorpv202112012 8
Northern Territory And I make this solemn declaration by virtue of the Oaths Act 1939 and conscientiously believing the statements contained in this declaration to be true in every particular. Declared at... in the Northern Territory on... [day] [month] [year] [Signature of declarant] Before me: [Signature of witness] Statutory declarations for use in Northern Territory may be made before any person who has attained the age of 18. SDCorpv202112012 9
Queensland And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Acts 1867. Signed and declared by the declarant at... in Queensland on... [day] [month] [year]. [Signature of declarant] Before me: [Signature of witness] Statutory declarations for use in Queensland may be made before the following persons: Justice of the peace. Barrister, solicitor or conveyancer qualified under the law of the Commonwealth or another state. Notary public. Commissioner for declarations SDCorpv202112012 10
South Australia And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1936. Declared at... in South Australia on... [day] [month] [year] Before me: Signature of authorised witness Signature of person making this declaration Statutory declarations for use in South Australia may be made before the following persons (sections 25 and 34): a justice of the peace for the State of South Australia or, if permitted by particular legislation, a justice of the peace for any other State or country a notary public any officer by law authorised to administer an oath or affirmation any proclaimed member of the police force of South Australia (a police force member who is appointed by the Governor by proclamation to take declarations), provided that the name of the town or other place where the member is stationed is stated on the declaration in connection with the member s signature and description. SDCorpv202112012 11
Tasmania I make this solemn declaration under the Oaths Act 2001. Declared at... in Tasmania on... [day] [month] [year] Before me: (Justice, commissioner for declarations or authorised person) Signature of person making this declaration In accordance with the Oaths Act 2001 (TAS) (section 14) and the Statutory Declarations Regulations 1993 (Cth) under the Statutory Declarations Act 1959 (Cth) statutory declarations may be made before: (1) any justice of the peace or other person authorised by law to administer an oath; (2) a commissioner of declarations: (a) (b) (c) (d) any person appointed by the Minister. If signing in that capacity the commissioner for declarations is to add after their signature commissioner for declarations a person who is currently licensed or registered under a law to practise in one of the following occupations: Chiropractor Dentist Legal practitioner Medical practitioner Nurse Optometrist Patent attorney Pharmacist Physiotherapist Psychologist Trade marks attorney Veterinary surgeon a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described); or a person who is in the following list: Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955) Bailiff Bank officer with 5 or more continuous years of service Building society officer with 5 or more years of continuous service Chief executive officer of a Commonwealth court Clerk of a court Commissioner for Affidavits Commissioner for Declarations SDCorpv202112012 12
Credit union officer with 5 or more years of continuous service Employee of the Australian Trade Commission who is: (a) in a country or place outside Australia; and (b) authorised under paragraph 3(d) of the Consular Fees Act 1955; and (c) exercising his or her function in that place Employee of the Commonwealth who is: (a) in a country or place outside Australia; and (b) authorised under paragraph 3(c) of the Consular Fees Act 1955; and (c) exercising his or her function in that place Fellow of the National Tax Accountants Association Finance company officer with 5 or more years of continuous service Holder of a statutory office not specified in another item in this list Judge of a court Justice of the Peace Magistrate Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961 Master of a court Member of Chartered Secretaries Australia Member of Engineers Australia, other than at the grade of student Member of the Association of Taxation and Management Accountants Member of the Australasian Institute of Mining and Metallurgy Member of the Australian Defence Force who is: (a) an officer; or (b) a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or (c) a warrant officer within the meaning of that Act Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants Member of: (a) the Parliament of the Commonwealth; or (b) the Parliament of a State; or (c) a Territory legislature; or (d) a local government authority of a State or Territory Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961 Notary public Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public Permanent employee of: (a) the Commonwealth or a Commonwealth authority; or (b) a State or Territory or a State or Territory authority; or (c) a local government authority; with 5 or more years of continuous service who is not specified in another item in this list Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made Police officer Registrar, or Deputy Registrar, of a court Senior Executive Service employee of: (a) the Commonwealth or a Commonwealth authority; or (b) a State or Territory or a State or Territory authority Sheriff Sheriff s officer Teacher employed on a full-time basis at a school or tertiary education institution A commissioner for declarations (listed in (b), (c), (d)) above signing in that capacity is to add after their signature commissioner for declarations and his or her title (section 13 Oaths Act 2001 (TAS)). SDCorpv202112012 13
Victoria I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury. Declared at... in Victoria on... [day] [month] [year] [Signature of declarant] Before me: Name of witness (BLOCK LETTERS) Address of witness Qualification Statutory declarations for use in Victoria may be made before the persons listed in section 107A(1) of the Evidence Act 1958 (Vic) including the following: a justice of the peace or bail justice a public notary (defined in section 107A(1)) SDCorpv202112012 14
Western Australia This declaration is true and I know that it is an offence to make a declaration knowing that it is false in a material particular. This declaration is made under the Oaths, Affidavits and Statutory Declarations Act 2005 at... this... [day] [month] [year] by... in the presence of: Ordinary signature of declarant Signature of authorised witness Name of authorised witness and qualification as such a witness Authorised witnesses for statutory declarations made in Western Australia include a wide range of professionals in addition to the usual justice of the peace, lawyer, etc. See the list in the Oaths, Affidavits and Statutory Declarations Act 2005. SDCorpv202112012 15
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