Hi
I trust this email finds you well.
I'm currently auditing an SMSF established in June 2006. However, we're facing a challenge as the original SMSF deed seems to be misplaced. The accountant has provided a copy of an amended SMSF trust deed instead.
Could you please advise on the following points:
Does this situation potentially breach Section S62 or S17A?
Is it necessary for the trustee to arrange for a replacement deed?
Your guidance on these matters would be greatly appreciated.
Dawood Hassan
Hi Dawood
My view is that you should be able to rely upon the amended deed. Normally an amended deed fully replaces the original deed. I would check the amended deed and see if it fully replaces the original deed and if it does then this will be sufficient for your audit.
If other forum members have a view please let the forum know.
Thanks
The Auditors Institute