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Funds Management & Superannuation Maddocks Superannuation Team advises all types of superannuation funds including public offer, corporate, government, industry, small approved funds (SAFs) and self managed superannuation funds (SMSFs). Led by Chris Beeny, a highly skilled legal practitioner with many years industry experience, Maddocks' Superannuation Team focuses on the particular needs of each client to ensure they:
Our specialist lawyers also offer extensive expertise advising on superannuation-related litigations, funds management issues and general employment, corporate and tax issues as they relate to superannuation. Particular expertise includes: Trustee Licensing Assisting trustees to obtain their Australian Financial Services (AFS) and Australian Prudential Regulation Authority (APRA) licences, including drafting licence applications and supporting documentation and advising on ongoing compliance. Disclosure Documentation Advising on post-financial services reform (FSR) disclosure requirements for superannuation funds. Preparing and reviewing product disclosure statements and advising on compliance with other disclosure documents, such as periodic statements and member reporting. Alternative Investments Legal due diligence, legal risk analysis and advice on alternative investment structures, including negotiation of investment terms. Closure and Winding Up of funds Advising sponsoring employers, institutions and trustees of all types in relation to the closure, termination, winding up, re-designing and re-structuring of funds, including outsourcing and successor fund transfers. Corporate Governance Advising on corporate governance issues, including conflicts of interest and duty, delegations, codes of conduct and meeting protocols. Employment Law Advising on employment law issues which overlap with superannuation, including choice of superannuation fund, superannuation guarantee and employment aspects of superannuation fund re-structures and re-designs. Drafting and Construction of Trust Deeds Drafting and reviewing trust deeds to ensure compliance with the most recent legislative reforms. Superannuation Litigation Advising on superannuation-related litigation in both courts and tribunals, such as contested benefit claims, deed rectification issues and disputes regarding funding surpluses and deficits. Outsourcing Agreements Advising in relation to agreements with third parties, such as administration, custody and investment management agreements. Assisting in negotiating improved terms in agreements, especially in relation to matters such as indemnity provisions and termination rights.Small APRA Funds/SMSF's Drafting deeds specifically designed
for SAFs and SMSF's. Advising on technical issues such
as the provision of
pensions (including
the
recently introduced
market linked pensions), investment rules, the in-house
asset test and death benefit/succession issues.
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