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.
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.
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.
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  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).
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.
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:
The SMSF update provides maximum flexibility to your accountant and adviser.
Telephone us. We help you answer the questions.
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]