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Can a Corporate Attorney be used for a SMSF Trustee Company?
No. A corporate power of attorney enables a person or a company to act on behalf of a company, making decisions, taking control of operations etc. In terms of a trustee company of a superannuation fund the trustee cannot delegate their powers under section 59 of the Superannuation Industry Supervisions Act 1993. The penalties are significant for such a breach.
On the other hand, section 17A(3) enables a member’s enduring power of attorney to act as a trustee or director of the corporate trusts of the Fund should the member no longer be able.
Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact Abbott & Mourly directly.
Reviewed: 17/01/2024
Reviewed: 17/01/2024