We are a recommended law firm for banking and finance, superannuation and financial services by Asia Pacific Legal 500 (2015).
As part of the financial services landscape, superannuation operates in a complex environment of shifting tax, prudential regulation and compliance. Depending on the type of superannuation entity, its regulation may be overseen by APRA, ASIC, the ATO or all three.
Our public offer superannuation team has considerable technical expertise in all aspects of the industry. We advise on the law affecting superannuation entities and make recommendations on the likely impact of any legal and industry developments.
We advise on the full range of regulatory and compliance issues, including:
- providing trust law, governance and regulatory advice to, and preparing fund documentation for, public offer superannuation funds and pooled superannuation trusts
- advising on statutory and prudential regulation, risk management and development of compliance programs
- advising on commercial transactions for trustees of superannuation funds, including fund mergers and successor fund transfers
- drafting and negotiating investment arrangements and conducting due diligence of private equity arrangements
- reviewing and advising on insurance arrangements and claims
- preparing and reviewing disclosure documents, annual reports, periodic statements and advertising material, and
- assisting with regulatory liaison and resolution of disputes, including complaints to the Superannuation Complaints Tribunal.
- Acting in superannuation fund mergers, including structuring, legal due diligence, documentation and advice.
- Acting in a major rebranding exercise, involving the review, amendment and sign off of all disclosure documents, trust deeds and agreements for a significant financial institution.
- Advising on a major remediation exercise, involving advice to the trustee about its obligations and ongoing review of communications and remedial measures.
- Acting in the establishment of a superannuation master trust and funds within the master trust.
- Acting in the establishment of a new sub-plan within an existing public offer super fund.
- Acting in the transfer of trusteeship of public offer superannuation funds.
- Acting in a restructure of related corporate superannuation and managed funds.
- Advising on a private equity sustainability investment, involving structuring, advice and review of shareholder agreements, investment fund documents and working capital instruments.
Thinking| 19 Aug 2015
There have been a number of changes to the way in which insurance can be held within a self managed superannuation fund (SMSF). Broadly, these changes limit the types of policy that can be held by SMSF trustees, but there is also a broadening of the rules relating to terminal medical conditions.