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Thread: Lost Trust Deed

  1. #1

    Default Lost Trust Deed

    Hi Everyone,

    I currently run my own SMSF and have committed a rookie mistake of losing my original Trust Deed. Has anyone else done this and what did you do to resolve it?

    Cheers

  2. #2
    moderately successful trader pixel's Avatar
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    Default Re: Lost Trust Deed

    Quote Originally Posted by merlinnn View Post
    Hi Everyone,

    I currently run my own SMSF and have committed a rookie mistake of losing my original Trust Deed. Has anyone else done this and what did you do to resolve it?

    Cheers
    Did you set it up all by yourself? Or did you use an Accountant/ Adviser firm?
    If the latter, call them and ask for a reprint.

    Otherwise: Don't you have an annual Audit done? Surely, the Auditor must have a copy.
    I can't recall if I or my Accountant ever had to submit a copy to APRA or ATO.
    Between those three, starting with the Auditor, I'd try. It may cost you an admin fee, but you should be able to explain how and why you lost it (burglary? fire? hungry goat? clerical error?) and get a copy back.

    On the other hand, if nobody but you has ever seen the original, be pragmatic: Recreate it, print it out with the original date/s and signatures, and nobody will ever know the difference.
    The early bird makes the early worm look pretty stupid.

  3. #3

    Default Re: Lost Trust Deed

    Quote Originally Posted by pixel View Post
    ...., be pragmatic: Recreate it, print it out with the original date/s and signatures, and nobody will ever know the difference.
    Thats what I would do. Its worth keeping a scanned copy for this purpose!
    "I started with nothing, and I still have most of it"
    if you choose to take this post as advice its free, and you have been overcharged.

  4. #4

    Default Re: Lost Trust Deed

    When you open a SMSF, usualy there are several copies of the trust deed.
    The trust deed also should be updated periodically, by a deed of variation, which supercedes the original.
    I have just done this and have another four new copies, so I threw out all but one of the original.

    I would just apply for a new updated variation, from the producers of the original and resign and have it witnessed. Then give a copy to all members explaining it is an update of the original, minute the acceptance of the variation.

    Then all you neeed to do is find one of the originals. Bob's your uncle.
    Allow for the worst, hope for the best.

  5. #5

    Default Re: Lost Trust Deed

    Thanks everyone. I contacted my previous SMSF provider and asked if they had a copy, which they did, however my new SMSF provider tells me that it is not the trust deed????

    I am in the process of getting pre approval for a loan and they need to see certified copy of the original deed to continue, what a nightmare. I read today that if you lose the original you have to close the SMSF and start again?? Sound drastic

  6. #6
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    Default Re: Lost Trust Deed

    Quote Originally Posted by merlinnn View Post
    Thanks everyone. I contacted my previous SMSF provider and asked if they had a copy, which they did, however my new SMSF provider tells me that it is not the trust deed????

    I am in the process of getting pre approval for a loan and they need to see certified copy of the original deed to continue, what a nightmare. I read today that if you lose the original you have to close the SMSF and start again?? Sound drastic
    What about just your SMSF bank account or broker? Many financial institutions ask for a copy of the trust deed to do anything.

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