Replace a lost SMSF deed on our law firm’s website. If you lost an SMSF trust deed you can build a replacement on our law firm website.
The 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 Trustee, as with all trusts, operates and looks after the trust. However, 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 are in breach of the Superannuation Industry (Supervision) Regulations 1994 (SIS). This is because the Trustee can’t prove that the Trustee is following the rules – as there are no rules. However, the SIS requires rules. Further, neither your lawyer, accountant nor auditor will want to be involved with your ‘lawless’ SMSF. As soon as you realize that the SMSF Deed is lost build a replacement.
The Supreme Court in Re Bowmil Nominees Pty Ltd  NSWSC 161 gives support to the proposition that irrespective of what the lost deed stated or required, if:
1. all of the members;
2. all the beneficiaries of the SMSF;
3. are all adults;
4. are all of sound mind;
5. sign a Deed of Confirmation and Restitution
that Deed of Variation is effective to replace the lost SMSF Deed.
For our full legal advice on this read our covering letter contained in the Sample document (just press the “Sample” button above).
Your Replacement SMSF Deed also updates your Fund for the latest rules. Your replacement Deed includes the latest 15 changes to SMSF Deeds required for the latest Budget:
The SMSF update is required to give maximum flexibility to your accountant and adviser.
Telephone us, we can help you answer the questions.
Adjunct 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