Our Superannuation Team advises on all legal issues related to superannuation, including relevant legislation, the formation, restructure and termination of superannuation funds, trustee licensing, disclosure requirements, compliance with superannuation related regulatory requirements, and dispute resolution. We deliver:
- timely and efficient resolution of superannuation issues
- up-to-date information on significant changes in superannuation law impacting on business or individual policies
- prompt and practical superannuation advice.
Our client funds range from public sector, industry funds and large corporate funds to single person funds and acting trustees appointed by APRA. We are the lead provider of legal services to trustees of more than 20 public, industry, government and corporate funds and several large fund managers.
How can we help?
Our services include:
- Formation of superannuation funds, registration of superannuation funds, advice concerning regulation of superannuation funds and the Stronger Super reforms
- Trustee licencing in the form of Registrable Superannuation Entity (RSE) licences and Australian Financial Service Licences (AFSL) conditions, and MySuper authorisations
- Interpretation of enabling legislation and trust deeds.
Corporate Governance – Management
- Advice in relation to corporate governance issues, conflicts of interests and duty, delegations, codes of conduct, committee charters and terms of reference, and meeting protocols as well as risk management and advice concerning regulatory issues arising with the regulators, APRA and ASIC.
Mergers and Consolidation
- Restructure, re-design, re-organisation and consolidation of superannuation funds, closure, winding-up and termination of superannuation funds
- Successor fund transfers
- Due diligence reviews, including process based reviews.
Compliance, Breach Reporting and Fraud
- Compliance with Registrable Superannuation Entity (RSE) licence and Australian Financial Service Licence (AFSL) conditions, Stronger Super Reforms and MySuper authorisations, and advice in relation to regulatory issues
- Incident investigation (fraud, administrative and pricing errors, overpayment and underpayment errors), remediation exercises and breach reporting, liaising with the regulators, APRA and ASIC
- Anti-money laundering, counter terrorist financing and ‘know your client’ issues and advice in response to regulatory action.
Disclosure and Member Communication
- Preparation and review of product disclosure statements and financial services guides, periodic statements, member reporting and significant event notification.
- Review of trustee insurance arrangements; advice concerning terms of insurance policies
- Review of fund death and disability policies, advising on insurance tenders and negotiating new insurance policies.
- Income tax, superannuation guarantee, contributions tax, capital gains tax and loss rollover relief
- Managing ATO compliance risk reviews, audits concerning income tax; conduct of tax appeals, litigation and applying case management principles.
- Best Lawyers Australia 2012-2016 – Chris Beeny is ranked for Superannuation.