ASIC and ABR Declaration
By paying the establishment fee, I / We the above listed office bearers, of the yet to be created company (named above) to the best of our knowledge declare that the information provided to New Brighton Capital Pty Ltd and partners is True and Correct. By paying the establishment fee, I / We request, instruct and authorise on payment of the above fees to New Brighton Capital Pty Ltd and partners to apply to ASIC in the prescribed form (Form 201) to create the above named company on the basis of the above information on this page. I / We understand that New Brighton Capital Pty Ltd and partners will be lodging this application under ASIC's Electronic Lodgement Protocol and pre filling Form 201 for electronic Lodgement with ASIC. All Director(s), Shareholder(s), Company Secretary and Public Officer authorise New Brighton Capital Pty Ltd and partners to lodge this form and assure and declare that I / we the above listed office bearers have the necessary written & signed consents and agreements referred to in the application from (Form 201) for each person listed above, including consent to act as a Director, Consent to act as a Public Officer, Consent to act as a Secretary, Application for Shares by each shareholder / member. The state jurisdiction laws that apply to the trust deed will be state of the SMSF address unless advised otherwise. The state of registration of the company will be the state of the company address unless advised otherwise. The minutes meeting to establish the fund will be assumed to have taken place at the fund address, at a time one hour before payment of the establishment fee, unless advised otherwise. The company chairman, secretary and public officer will be noted as Member 1 as per this form unless advised otherwise. The trustees agree to permit New Brighton Capital Pty Ltd to receive and open mail addressed to the proposed fund for the strict purpose of administering the proposed fund.
All the persons associated to this SMSF agree that: We, (New Brighton Capital Pty Ltd and partners) will be sending your information to the ATO. They are authorised by taxation laws, including the Income Tax Assessment Act 1936, A New Tax System (Australian Business Number) Act 1999, A New Tax System (Goods and Services Tax) Act 1999 and the Taxation Administration Act 1953 to collect the information requested on this form. ATO need this information to help them administer these Acts and to help them to maintain the details relating to you that are recorded in the Australian Business Register (ABR) and other ATO systems. Where authorised by taxation laws to do so, ATO may give this information to other Commonwealth, State, Territory and local government agencies. Selected ABR information is available to the public. Penalties may be imposed for giving false or misleading information.
Election to be Complying Fund
I / We the director(s) or Secretary of the corporate trustee of the above named fund elect that the Superannuation Industry (Supervision) Act 1993 is to apply in relation to the superannuation fund, and understand that the election is irrevocable. Self-managed superannuation funds are required to answer the following questions when electing to be a complying fund. These questions must be answered on behalf of all individual trustees, a body corporate trustee and responsible officers of the body corporate trustee. We have answered them as below. By paying the establishment fee, you agree that the following 7 statements are correct.
1. The ATO Regulated Self Managed Superannuation Fund does intend to be a self managed superannuation fund for 12 months or longer.
2. The company knows or has reasonable grounds to suspect that all persons who are, or who are acting as, responsible officers of the body corporate are not disqualified persons. If a responsible officer is a disqualified person your SMSF application will be denied. Please see eligibility criteria here to confirm as New Brighton Capital will not offer a refund if the application is unsuccessful.
3. A receiver, or a receiver and manager, of the company has not been appointed.
4. The company has not been placed under official management.
5. A provisional liquidator of the company has not been appointed.
6. The company is not being wound up.
7. If the registered company address is not occupied by the company, the occupier has consented in writing that the company can use the address as the registered address and has not withdrawn that consent.
By paying the establishment fee, I declare that to the best of my knowledge, the information supplied in this application, provided above, is True and Correct and:
· I hereby authorise New Brighton Capital Pty Ltd and partners to set up a Self Managed Superannuation Fund Trust Deed for the above-named trustees;
· All Trustees/Directors understand that New Brighton Capital does not offer financial advice and that no information presented by New Brighton Capital is intended to imply any recommendation or opinion about a financial product.
· All Trustees/Directors confirm that they understand their obligations and the penalties for non-compliance.
· All Trustees/Directors know how to stay informed and up to date regarding understanding their obligations and the penalties for non-compliance while running an SMSF.
· All Trustees/Directors also understand that if they fail to carry out their obligations or become non-compliant that New Brighton Capital cannot provide advice on rectifying the breach and that the members/trustees will need to obtain their own independent financial advice to address the issue.
· All Trustees/Directors are aware that an ATO declaration must be signed within 21 days of commencing their duties (this will be included in your establishment documents);
· I am authorised to complete and lodge this form on behalf of the Trustees with New Brighton Capital Pty Ltd and partners, Australian Tax Office and Australian Business Register.
· All members/trustees are currently in Australia and members acknowledge that the proposed fund satisfies the ATO residency rules.
· All members/trustees confirm that all details provided on this form are correct and accurate and understand that if changes need to be made to the ATO or ASIC due to an error on this form that charges may apply.