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Superannuation

With an ageing population, Government policy has focused on self-funding retirees and the extensive use of superannuation as a vehicle for personal investment.  As a result there is an increased need for legal advice on superannuation issues.  Madgwicks understand the complex and constantly changing regulations affecting the superannuation industry.

In the area of public offer superannuation, we advise trustees of public offer, industry, and corporate superannuation funds, other financial institutions and superannuation service providers on all aspects of superannuation law including fund documentation and design, commercial transactions, disclosure documents and member communications, and regulatory compliance.

In self-managed superannuation, our superannuation team typically provides our private clients with a "holistic" solution to their wealth management issues.  The structure and implementation of clients' superannuation is integrated with their estate planning, asset protection, other family group structures such as trusts, and takes account of taxation and insurance issues.  We work closely with our client's other financial service providers (eg. accountant, financial planner, insurance broker, stockbroker etc.) to achieve best superannuation solutions for clients.

Our services include providing advice, drafting documentation and negotiating commercial transactions on all aspects of superannuation law including:

  • regulatory compliance under the Superannuation Industry (Supervision) Act, Corporations Act, and other relevant legislation and regulator policy statements and practice requirements;
  • fund design, establishment and constituent documents including trust deeds, other governing rules and ancillary documents;
  • AFSL and RSE licensing and submissions, applications and other dealings with relevant regulators including ASIC, ATO, and APRA;
  • disclosure documents including product disclosure statements, periodic statements and other member communications;
  • contractual arrangements with service providers including insurance policies, investment management agreements, custodian agreements, and administration agreements;
  • corporate transactions and deals including mergers & acquisitions, successor fund transfers, and joint ventures;
  • structuring and utilising superannuation as an integral part of financial and estate planning including advice on contributions, pensions, insurance and choice of fund strategies;
  • website and e-commerce planning;
  • member disputes and complaint handling, and managing litigation before the Superannuation Complaints Tribunal and courts; and
  • ongoing support to trustees on directors duties, conflicts of interest, corporate governance and other business and commercial issues concerning their fund.

For further information contact:

Rick Goldberg
Partner
 
Phone: +61 3 9242 4734
Fax: +61 3 9242 4778
Email: Rick.Goldberg@madgwicks.com.au
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