Argyle Lawyers has long provided highly-specialised legal advice on superannuation to fund trustees, fund members and businesses (including the owners of small-medium enterprises).
Our superannuation services include:
- Advice to trustees of large APRA-regulated superannuation funds and self-managed superannuation funds (SMSFs) on their legislative and compliance obligations.
- Establishment of SMSFs including the drafting of tailored fund trust deeds to meet specific requirements.
- Formation of special-purpose trustee companies for SMSFs. (Under superannuation law, SMSF members must be individual trustees of their fund or directors of their fund's corporate trustee.)
- Advice on SMSF borrowing using limited recourse loans.
- Alternative ways to finance SMSF property other than with limited recourse loans, which may prove too restrictive depending upon the circumstances.
- Advice on compliance issues for SMSF trustees including dealing with action by the tax office as regulator of self-managed superannuation.
- SMSF succession planning as members age. (If appropriate given family circumstances, adult children sometimes join their elderly parents' fund to assist with compliance and investment issues.)
- Estate planning issues for superannuation members including death benefit nominations.
- Advice for surviving SMSF members following the death of another member, often the spouse who may have been the most active member of the fund.
- Advice on the use of superannuation for asset protection.
- The transfer of business real estate into SMSFs.
- Reviewing and amending existing superannuation fund trust deeds.