Our client/ We have lost the original SMSF Deed, can we just use the Deed of Variation form?
It is possible to sign a Deed of Variation to adopt new rules.
However, without the prior deed(s) there is no certainty that the Deed of Variation will meet the requirements that may have been set by the previous Deeds.
Therefore, there is no guarantee that the Deed of Variation will actually have legal effect or that it will be accepted by a court, the ATO, a lender, auditor etc.
It may also constitute a resettlement and have possible stamp duty or tax/CGT implications.
If you have lost the original SMSF Deed, email email@example.com and we can refer you to our legal services provider, who can assist by providing you with your options going forward and a quote to prepare any relevant documents.
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