Application for ABN registration for superannuation entities

Section H: Notice of election

Question 32 - Is the entity electing to be regulated under the Superannuation Industry (Supervision) Act 1993?

This section deals with the election to be regulated that super entities may make under the SIS Act.

The trustee of the super entity must complete this notice of election if the entity is to be regulated under the SIS Act and be eligible for tax concessions.

If the notice of election is not completed correctly, the election may be invalid and the super entity may not be regulated or eligible for tax concessions. The super entity electing to be regulated must indicate if the:

governing rules of the entity provide that the sole or primary purpose of the entity is the provision of old age pensions (regulation is on the basis of the pensions power under the Constitution)
entity trustee is a constitutional corporation pursuant to a requirement in the governing rules (regulation is on the basis of the corporations power under the Constitution).

You should not complete this section if your entity is:

an approved deposit fund

a pooled super trust

a super fund that chooses not to be regulated.

Individual trustees

If the trustee is not a corporation, each individual trustee of the entity must sign and date in the space provided. The date cannot be prior to the date the entity came into existence (provided at question 14).

Corporate trustees

If the trustee is a corporation, the notice must be signed in a way that is legally binding. The corporate trustee's common or official seal should be used if it is necessary to bind the body corporate (for example, if the trustee's articles of association require it).

Sections within How to complete the application form

Last Modified: Tuesday, 30 April 2013