Superannuation

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.