Possession of a Trust Deed

Phillip Sweeney made this Freedom of Information request to Australian Prudential Regulation Authority

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Phillip Sweeney

Dear Australian Prudential Regulation Authority,

This Freedom of Information request is to determine if APRA 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

Freedom of Information, Australian Prudential Regulation Authority

1 Attachment

Dear Mr Sweeney

Please see attached, APRA's acknowledgment and Notice of Charges to you dated 27 July 2017.

Kind regards

APRA FOI Officer

1 Martin Place (Level 12), Sydney, NSW 2000
GPO Box 9836, Sydney, NSW 2001
T 02 9210 3000 | W www.apra.gov.au

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