All Valid Deeds of Variation

For the last five years the regulator ASIC has deliberately blocked access to the original Trust Deed and valid Deeds of Variation of the occupational pension fund established on the 23 December 1913 in the State of South Australia.

However the cestuis que trust (members and beneficiaries) have now been able to obtain copies of these Deeds of Variation.

It is easy to identify a valid Deed of Variation since they comply with the provisions of the Power of Amendment provided in the original Trust Deed.

The Power of Amendment was provide by Regulation 28 in the original Trust Deed. Regulation 28 was renumbered to Regulation 44. Regulation 44 was then repealed by the consolidation Deed of Variation executed on 6 May 1958, but was re-instated in its entirety as Regulation 50.

Regulation 50 is reference by the Elder Smith & Co Limited Provident Funds Act 1963 (SA) and is the reason that this enactment was required in the first place.

All the valid Deeds of Variation reference the correct Power of Amendment as summarised on the following diagrams.

Valid Deeds of Variation #1   Valid Deeds of Variation #2   Valid Deeds of Variation #3  

The consolidation Deed of Variation dated 6 May 1958 repealed the provision of the original Trust Deed and earlier Deeds of Variation.

This fact is recited by subsequent Deeds of Variation so that there is no confusion as to what provisions remain in force:

“WHEREAS by Deed dated the 6th day of May 1958 the principal Deed was further varied and altered and the Regulations governing the Fund were consolidated and amended and the Regulations then governing the Fund were repealed and new Regulations were prescribed and such new Regulations (hereinafter referred to as “the Regulations”) are set forth in a schedule to the said last-mentioned Deed”

For more information on how the terms of a trust are amended see here.

Copies of the Deeds of Variation

Copies of the Valid Deeds of variation are as follows:

1931-10-07 – Deed of Variation

1939-08-29 – Deed of Variation

1940-03-26 – Deed of Variation

1946-12-11 – Deed of Variation

1948-10-26 – Deed of Variation

1953-06-30 – Deed of Variation)

1955-01-18 – Deed of Variation

1955-03-08 – Deed of Variation

1955-07-26 – Deed of Variation

1955-09-27 – Deed of Variation

1955-12-13 – Deed of Variation

1956-02-21 – Deed of Variation

1956-08-20 – Deed of Variation

1958-09-30 – Deed of Variation

1961-03-07 – Deed of Variation

1961-10-03 – Deed of Variation

1961-12-05 – Deed of Variation

1962-12-20 – Deed of Variation

1963-04-02 – Indenture

1964-03-03 – Deed of Variation

1965-08-03 – Deed of Variation

1968-01-20 – Deed of Variation

1968-08-06 – Deed of Variation

1968-08-20 – Deed of Variation

1969-07-15 – Deed of Variation

1970-09-03 – Deed of Variation

1971-04-05 – Deed of Variation

1971-06-22 – Deed of Variation

1973-04-30 – Deed of Variation

1973-08-28 – Deed of Variation

1973-09-17 – Deed of Variation

1974-11-20 – Deed of Variation

1977-02-15 – Deed of Variation

Indenture Between Elder Smith & Co and Elder Smith Goldsbrough Mort

An Indenture was executed between Elder Smith & co Limited and Goldsbrough Mort Limited so that the Board of the “successor company” would assume the responsibilities and liabilities” of of the Board of Elder Smith & Co Limited.

1964-03-05 – Indenture {Successor Company)
facebooktwittergoogle_plusredditpinterestlinkedinmailby feather