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acis@acis.net.au
acis.net.au
Lost SMSF Trust Deed
Replacement Order Form
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SMSF Details
Please submit a copy of any documents that have amended the trust deed together with this order form.
Original Trustee Details
IMPORTANT: Full, verifiable names are required.
(include ACN if Company)
Current Trustees and Members
(include ACN if Company)
(First Officer listed to be Chairperson, first 2 Officers to be signatories)
Members
Current Principal Employer/Other Party
Additional Information/Special Instructions
WARNING - SIGNING THE REPLACEMENT TRUST DEED
IMPORTANT NOTE: If the trust deed or a copy of it is subsequently located after the execution of a replacement trust deed, the original trust deed must be used as the correct trust deed to the exclusion of the replacement.
The land titles authorities in some states require the replacement trust deed to bear an original signature of the Trustee where a dealing with land involving the trust is required to be registered. We recommend against doing so due to the possible resettlement risks in doing so. However, should the trust be dealing with land, you should obtain legal advice regarding these issues BEFORE signing the documents.
COMPLETING THE ORDER FORM
SELF MANAGED SUPERANNUATION FUNDS
 
Trustee / Member - Generally, under the Superannuation Industry (Supervision) Act 1993:
(a) ALL fund members must be trustees (or directors of a corporate trustee) and ALL trustees (or directors of a corporate trustee) must be fund members;
(b) sole member funds without a corporate trustee must have at least 2 individual trustees one of whom is the sole member;
(c) an SMSF must not have more than 6 members; and
(d) if a member is a minor or otherwise incapacitated (infirm or mentally incapable), they must be represented by an individual trustee/director of a corporate trustee who is over 18 and having full legal capacity.
 
Other Roles - Occasionally (and particularly in some older funds) a position such as a Founder, Guardian or Principal is incorporated into the fund’s trust deed. These roles are generally no longer required and our standard Governing Rules do not make reference to such roles. However, on some occasions, the trust deed may require the consent of the holder of such positions as a condition of amendment to the Governing Rules and therefore we require the relevant details to be provided.
 
Principal Employer - If the Fund currently has a Principal Employer, please advise on page 1 of the order form. In some circumstances, superannuation fund trust deeds that were established with Principal Employers require the consent of the Principal Employer for amendments to be made to the deed. Should the previous trust deed have a Principal Employer listed, they may need to be party to any deed of amendment. If the Principal Employer listed in the previous deed no longer holds that position, please advise when submitting the order form.