SMSF Deed of Confirmation and Restitution – replace lost SMSF Deed

Replace a lost SMSF deed

Replace a lost SMSF deed on our law firm’s website. Lost your SMSF Deed? Build a replacement SMSF deed on our law firm website.

Lost SMSF Deed

The SMSF Deed of Confirmation and Restitution replaces your lost SMSF trust deed. It provides the trustees with a new trust deed to govern the Self-Managed Superannuation Fund.

replace a lost SMSF Deed

Why replace a lost SMSF deed?

The SMSF Trustee operates and looks after the SMSF. But, the Trustee needs a set of rules. This is so the Trustee knows what to do. The rules for an SMSF are contained in the trust deed. You have lost the trust deed, so you need to replace it.

If you continue to operate your SMSF without a trust deed you breach the Superannuation Industry (Supervision) Regulations 1994 (SIS). This is because the Trustee cannot prove that the Trustee is following the rules. This is because there are no rules. SIS requires rules. Further, neither your lawyer, accountant nor auditor want to be involved with your ‘lawless’ SMSF. As soon as you realize that the SMSF Deed is lost build a replacement.

Need Court order to replace a lost SMSF Deed?

You can apply to the Court. The Court gives you a new SMSF Replacement Deed. But this is expensive and takes months.

Alternatively, the Supreme Court in Re Bowmil Nominees Pty Ltd [2004] NSWSC 161 considered an SMSF Deed of Confirmation and Restitution. If

1. all SMSF members
2. all the beneficiaries of the SMSF (including an employer sponsor)
3. are all adults
4. are all of sound mind
5. sign a Deed of Confirmation and Restitution

then a Deed of Confirmation and Restitution replaces the lost SMSF Deed. You do not need a Court order.

For our full legal advice read our covering letter contained in the Sample document (just press the “Sample” button above).

  1. If there a ‘trouble maker’? Go to the Court.
  2. Everyone agrees to sign an SMSF Deed of Confirmation and Restitution? Press Build above and start building your SMSF Replacement Deed.

Why must all the SMSF Members sign the Replacement Deed?

If you sign the SMSF Deed of Confirmation and Restitution you are ‘estopped’ from claiming the Replacement deed is not valid. You lose that right. Estoppel is a legal doctrine. It prevents a fellow SMSF member from insisting on their legal rights if that is inequitable. This is having regard to prior acts – such as signing a SMSF Replacement Deed.

The SMSF Deed of Confirmation & Restitution also updates to the latest SIS rules

Your Replacement SMSF Deed also updates your Fund for the latest SIS rules. Your replacement Deed includes the latest 15 changes to SMSF Deeds required for the latest Budget:

    1. Internally ‘rollback’ pensions to accumulation
    2. Segregate assets between accumulation and pension phases
    3. Reject contributions
    4. Refund contributions
    5. Deal with excess transfer balance tax and excess non-concessional contributions
    6. Allow income streams and Account-Based Pension (grandfathered)
    7. States guardians for incapacity and death requires SMSF update
    8. Identify the Power of Attorney when living overseas for more than two years
    9. Resettle pensions with flexible timing without mingling with an accumulation account
    10. Allow reversionary beneficiary nominations
    11. Provide for CGT relief
    12. Deal with segregated and unsegregated assets
    13. Cease or keep Transition to Retirement Income Streams
    14. Calculate member balances, across different funds
    15. Calculate internal pension rollbacks to accumulation.

The SMSF update provides maximum flexibility to your accountant and adviser.

We are Australia’s only law firm providing a Lost SMSF Deed package online.

Benefit from:

      1. law firm PI insurance
      2. legal professional privilege
      3. free legal advice as you build document online
      4. document sample with explanatory notes
      5. law firm letter confirming we authored the document.

Telephone us. We help you answer the questions.

Update SMSF Name Self Managed Super fund update name

Adj Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
National Australian law firm
Mobile: 0477 796 959
Direct: 08 6389 0400
Reception: 1800 141 612
Email: [email protected]
Skype: brettkennethdavies


 

 

25/01/2018

SMSF Deed of Confirmation and Restitution – replace lost SMSF Deed

Replace a lost SMSF deed Replace a lost SMSF deed on our law firm’s website. Lost your SMSF Deed? Build a replacement SMSF deed on our law firm website. Lost SMSF Deed The SMSF Deed of Confirmation and Restitution replaces your lost SMSF trust deed. It provides the trustees with […]