Where an SMSF trustee loses the trust deed for their fund, and all searches have been exhausted, they have a couple of options to replace it.
Firstly, they could seek a Court Order to enable the terms of a new deed to stand in place of the original misplaced deed.
Alternatively, a 'Deed of Ratification' can be executed to enable the SMSF to be operated by the trustees moving forward.
Before organising a 'Deed of Ratification' or similar document, we recommend the adviser assist the trustees perform an extensive search. Check with previous accountants, auditors and banks - everyone who may have been provided with a copy of a trust deed since the fund was established.
If an exhaustive search cannot locate the deed, then the ratification document may be a practical solution.
The following article from DBA Lawyers explains the above issues in more detail:
This article is for general information only and should not be relied upon without first seeking advice from an appropriately qualified professional. The above does not constitute financial product advice. Financial product advice can only be obtained from a licenced financial adviser under the Corporations Act 2000 (Cth).
Intello can assist with replacing a lost trust deed.
Typical fee applicable is $495
Please contact us for further information on this service.