When updating an SMSF deed, is it sufficient to keep a scanned copy of the previous deed(s), or do we need to keep originals? Ideally, we would like to just keep the soft copy of the signed deed as the reality is the originals are often misplaced or lost overtime. We just don’t know if that’s good enough to just have scanned copy for various purposes (i.e. for estate planning, proving things to ATO, in case of divorce or even court disputes). What are the requirements for this?

We are not aware of any legislative or other requirement for original documents such as trust deeds to be retained, provided that a photocopy or electronic copy of the original document is retained.  However, it is possible that a third party such as a bank may require the original document, or the original document may be required in court in the event of court proceedings, and we therefore recommend that the original document (along with copies) be retained for safe-keeping. 

It is important that trust deeds are correctly signed, witnessed and dated when the trust or SMSF is established or varied, so that all copies of the deed are copies of the original signed deed.

InterDocs provides a document storage area in each fund online that you are free to use to upload signed copies of the trust deeds for safe keeping. There is no fee for this service.