Our services
Freehills’ superannuation practice regularly provides trustees with advice on the Superannuation Industry (Supervision) Act, the Corporations Act, the Superannuation (Resolution of Complaints) Act, privacy legislation (federal and state) and discrimination legislation.
Over the last few years, our superannuation group has been particularly active in advising superannuation fund trustees on obtaining an AFSL and complying with ASIC disclosure requirements. We have also been involved in helping our clients obtain and implement their RSE licences (of all classes).
We regularly assist clients with breach reporting to ASIC and APRA, as well as handling regulator investigations, including negotiating and drafting enforceable undertakings.
Our superannuation practice provides a full range of other services which trustees and employers require regularly, including:
- trustee advice—advising on legislative requirements, common law trust issues and fiduciary responsibilities
- dealing with regulators—handling regulator investigations and enforceable undertakings
- licensing issues—obtaining and varying all types of relevant licences as well as seeking exemptions and meeting ongoing licensing requirements
- documents—drafting all superannuation documentation, including trust deed amendments, participation agreements, transfer deeds, indemnities and board documents
- communication—conducting compliance reviews of communication materials including product disclosure statements and other member information
- dispute resolution—assisting trustees in superannuation disputes, including disputes before courts, the AAT and the Superannuation Complaints Tribunal
- insurance—advising on all types of insurance, including the review and analysis of the terms of professional indemnity insurance policies as well as interpreting group death and disability insurance policies
- fund transfers—advising trustees as to whether SIS requirements have been met for a successor fund transfer and preparing successor fund transfer agreements and other documentation as well as advising on surplus issues and sub-plan to sub-plan transfers
- superannuation guarantee—including ‘choice of fund’ provisions
- training and education—providing training to trustees and their staff on key issues, and
- member services—advising in relation to the provision of services to members, including financial planning advice
- mergers and acquisitions—dealing with superannuation issues arising from the sale and purchase of businesses.