Possession of a Superannuation Trust Deed

Phillip Sweeney made this Freedom of Information request to Australian Securities and Investments Commission

The request was successful.

From: Phillip Sweeney

Delivered

Dear Australian Securities and Investments Commission,

This Freedom of Information request is to determine if ASIC currently has possession of a copy of a Trust Deed for an occupational pension scheme dated 23 December `1913 that is recited in the Elder Smith & Co Limited Provident Funds Act 1963 (SA).

The Deed was made between Elder Smith & Co Ltd and three natural person trustees.

The pension scheme was originally called the "Provident and Guarantee Fund", however the name of the scheme has been changed several times. From 1982 to 1990 this scheme was known as the Elders IXL Superannuation Fund.

The recent purported trustees of this scheme have been CCSL Ltd (2006 to 2014), PFS Nominees Pty Ltd (2014 to 2016) and NULIS Nominees (Australia) Ltd {from 1 July 2016).

The original counterpart of this Trust Deed should have been handed over to each incoming trustee by the retiring trustee.

A trustee should not accept the office of trustee unless the retiring trustee can handover the original counterpart of the Trust Deed that established the trust.

PFS Nominees Pty Ltd and NULIS Nominees (Australia) Ltd are subsidiary companies of the National Australia Bank.

Yours faithfully,

Phillip Sweeney

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From: Chelsea McIntosh
Australian Securities and Investments Commission


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Attachment 20170728 Sweeney FOI acknowledgement.pdf
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Dear Mr Sweeney,
I attach acknowledgement of your FOI request.

Regards
Chelsea McIntosh
Escalated Matters & Government | Assessment & Intelligence | ASIC |
' 03 9280 4188 | 7 [1]http://asicnet/icons/ecblank.gif03 9280 3444 | *
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From: Chelsea McIntosh
Australian Securities and Investments Commission


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Attachment 20170815 Sweeney FOI decision.pdf
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Dear Mr Sweeney,

Please find notice of my decision attached.

Chelsea McIntosh
Escalated Matters & Government | Assessment & Intelligence | ASIC |
' 03 9280 4188 | 7 [1]http://asicnet/icons/ecblank.gif03 9280 3444 | *
[2][email address]

[3][IMG]

 

Please consider the environment before printing this document

  

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

  

NOTICE

 

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

 

References

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2. mailto:[email address]
3. https://www.moneysmart.gov.au/

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