Australia Superannuation Industry (Supervision) Act 1993 (Cth)
Trustee and director covenants – Australia Superannuation Industry (Supervision) Act 1993 (Cth)

Australia Superannuation Industry (Supervision) Act 1993 (Cth) s52A: s 52A Director covenants mirroring the trustee's covenants, and the director's duty to ensure the corporate trustee complies

Where the trustee is a body corporate, its governing rules are read as holding covenants by each director that mirror s 52: act honestly, exercise a prudent superannuation entity director's care, skill and diligence, act in beneficiaries' best financial interests (including payments to third parties), give priority to beneficiaries in a conflict (overriding the director's own Corporations Act Part 2D.1 and PGPA Act duties), and not hinder the director's or the corporate trustee's functions, though engaging others to act is not prevented (s 52A(2)-(2A), (3)-(4)). Each director also brings a fair level of care and diligence, measured against what a superannuation entity director would bring, to ensure the corporate trustee carries out the s 52 covenants (s 52A(2)(f), (5)). The law treats these covenants as though the director had signed up to the governing rules personally (s 52A(6)).

Maintained by Gerard Blokdyk

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