Update to SMSF


What happens if the Principal Employer/Employer Sponsor has ceased to exist since the fund's original deed?

If in practice, the fund does not have an Employer Sponsor or Participating Employer (as relevant), but there is one named in the fund's current deed, then your documents will name that Employer Sponsor or Participating Employer (as relevant) in the deed of variation and they will be required to sign it.

If that Employer Sponsor or Participating Employer (as relevant) no longer exists, is no longer involved in the fund's administration or is unable to sign the deed of variation, then you should ring us on 1300 307 343 and we will arrange for you to speak with our lawyers at Maddocks.

What do I do if the SMSF trust deed is lost?

If the SMSF's trust deed has been lost, then you need to consider the following steps in consultation with a lawyer:

  1. Arrange for all parties to the deed to conduct a thorough search for the deed;
  2. Contact the person (maybe a solicitor or accountant, or their firm) who arranged the deed to see if they have a copy;
  3. Ask the person (maybe a solicitor or accountant, or their firm) who arranged the deed if they have a deed which they arranged around the same time as your lost deed was arranged; and
  4. Seek advice from your lawyer as to whether you can use a similar deed to replace the lost Deed.

Maddocks provides a specialist service for lost SMSF Deeds.