Make a topic in this sub titled something like "new smash cart requires 9.5-20E". and describe your experience. it is possibly this is already known and I missed it but I usually pick up on these kind of things.
Do you get this message even if you do not have an Internet connection? If so that means the cart has 9.5 on it and I think this is the first cart to have the firmware.
When you create/format emunand you create a 1:1 copy of sysnand and they share the same data folder on the internal SD card (linked). To unlink them format either one. Sysnand with the SD card removed. Your choice which one to do, and it will be wiped clean. There will then be two folders in the Nintendo 3Ds folder on the sc card. I like to format sysnand as I don't use it for anything. Some with more advanced setups choose to keep them linked. It is a topic debated many many times in tons of threads.
Make sure you have a backup of both sysnand and emunand. There is a link to Emunand tool on the first post in this thread.
Done.
Also, might it be possible that I rip this copy of smash 3DS to my own ROM and update Emunand to 9.5?