Amending a name in an SMSF

Keywords: incorrect name, deed of rectification, SMSF deed of variation

Question 

Can I use the SMSF Deed of Variation document form to amend a name?

Answer

Incorrect or omitted names (e.g. missing middle names) can cause problems for clients.

These days, many organisations will ask for a proper correction of names. To avoid the risk of rejection of a rectifying document, the correction is best done by deed (i.e. a Deed of Rectification). If you need a Deed of Rectification, email legal@nowinfinity.com.au and we can refer you to our legal services provider who can assist on a fee-for-service basis. 

In some circumstances, however, a deed may not be required. Minutes or references to "also known as..." may suffice. This will depend on your own circumstances. 

If, after you have selected the solution appropriate to you, you need to amend the SMSF Deed's Schedule (perhaps due to a third party's request, for example, a bank) then you may use the SMSF Deed of Variation. You need to be aware, when you use the SMSF Deed of Variation form, you are effectively adopting a new set of rules for your Fund. Read more here

 

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.

 

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