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ARTICLE · 30 SEPTEMBER 2015

Company is best trustee for SMSF

Individual trustees can be personally liable for the administration, but a trustee company can enjoy limited liability.

AustraliaFinance and Banking

More and more people are considering a Self Managed Superannuation Fund and should be aware that all SMSFs must have a trustee. This trustee can be either made up of the individual members or a company in which individual members are the directors and the shareholders.

Tony Mitchell, a specialist in commercial law at Stacks Law Firm, says that while most SMSFs are set up with individual members as trustees, there are important advantages in having a company as trustee.

"Individual trustees can be personally liable for administration of their SMSF, whereas the directors of a trustee company enjoy the benefits of limited liability," Mr Mitchell said.

"One of the most important aspects of a SMSF is ensuring that fund assets are kept entirely separate from assets of the members.  This separation is much easier to achieve if the trustee of the SMSF is a company.

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