We have lost the original SMSF Deed, can we use the Deed of Variation form?"

Question

Our client/ We have lost the original SMSF Deed, can we just use the Deed of Variation form?

Answer

It is possible to sign a Deed of Variation to adopt new rules.

However, without the prior deed(s) there is no certainty the Deed of Variation will meet the requirements that may have been set by the previous Deeds. 

Therefore, there is no guarantee 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 stamp duty and possible tax/CGT implications. 

If you have lost the original SMSF Deed, email legal@nowinfinity.com.au 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.

Further Information

Lost Self-Managed Superannuation Fund (SMSF) Deed

 

Disclaimer: You acknowledge and agree that our Services and Materials do not constitute or contain personal or general advice for the purpose of the Corporations Act 2001 (Cth) and that we, our employees and advisers do not offer any legal, accounting, tax or other professional advice or services in connection with the provision of our Services and any Materials.

 

 

Was this article helpful?
0 out of 0 found this helpful
Have more questions? Submit a request