Loading Superannuation Fund Trust Deeds
Phillip Sweeney made this Freedom of Information request to Australian Prudential Regulation Authority
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Australian Prudential Regulation Authority,
The Trustees of regulated superannuation funds are required to lodge a copy of the original Trust Deed that established the fund with APRA in accordance with the requirements of Section 29L of the Superannuation Industry (Supervision) Act 1993.
In 2006 the trustee of a superannuation fund then known as the Foster's Group Superannuation Fund failed to lodge a copy of the original Trust Deed dated 23 December 1913 with APRA but instead misrepresented a "Deed" dated 26 August 1986 as the "Trust Deed" of the Fund.
On the 20 January 2014 a subsidiary company of the National Australia Bank, PFS Nominees Pty Ltd, gained control of this fund. In 2014 the fund was called the AusBev Superannuation Fund.
The document I seek is a covering letter from PFS Nominees Pty Ltd to APRA attached to which would have been a copy of the genuine Trust Deed dated 23 December 1913.
A copy of the Trust Deed is not required, just a copy of the covering letter to APRA.
This would confirm that the National Australia Bank (NAB) has complied with a regulatory requirement, namely compliance with Section 29L of the SIS Act.
Yours faithfully,
Phillip Sweeney
Dear Mr Sweeney
I acknowledge your FOI request as set out below. We are processing your
request and will respond to you soon.
Kind regards
APRA FOI Officer
[1]http://www.apra.gov.au/PublishingImages/...
-----Original Message-----
From: Phillip Sweeney
[mailto:[FOI #2057 email]]
Sent: Friday, 15 July 2016 11:24 AM
To: Freedom of Information <[email address]>
Subject: Freedom of Information request - Loading Superannuation Fund
Trust Deeds
Dear Australian Prudential Regulation Authority,
The Trustees of regulated superannuation funds are required to lodge a
copy of the original Trust Deed that established the fund with APRA in
accordance with the requirements of Section 29L of the Superannuation
Industry (Supervision) Act 1993.
In 2006 the trustee of a superannuation fund then known as the Foster's
Group Superannuation Fund failed to lodge a copy of the original Trust
Deed dated 23 December 1913 with APRA but instead misrepresented a "Deed"
dated 26 August 1986 as the "Trust Deed" of the Fund.
On the 20 January 2014 a subsidiary company of the National Australia
Bank, PFS Nominees Pty Ltd, gained control of this fund. In 2014 the fund
was called the AusBev Superannuation Fund.
The document I seek is a covering letter from PFS Nominees Pty Ltd to APRA
attached to which would have been a copy of the genuine Trust Deed dated
23 December 1913.
A copy of the Trust Deed is not required, just a copy of the covering
letter to APRA.
This would confirm that the National Australia Bank (NAB) has complied
with a regulatory requirement, namely compliance with Section 29L of the
SIS Act.
Yours faithfully,
Phillip Sweeney
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Dear Mr Sweeney
Please see attached, APRA's Notice of Decision dated 10 August 2016.
Kind regards
APRA FOI Officer
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
1 Martin Place (Level 12), Sydney, NSW 2000
GPO Box 9836, Sydney, NSW 2001
T 02 9210 3000 | W [1]www.apra.gov.au
[2]http://www.apra.gov.au/PublishingImages/...
-----Original Message-----
From: Phillip Sweeney
[mailto:[FOI #2057 email]]
Sent: Friday, 15 July 2016 11:24 AM
To: Freedom of Information <[email address]>
Subject: Freedom of Information request - Loading Superannuation Fund
Trust Deeds
Dear Australian Prudential Regulation Authority,
The Trustees of regulated superannuation funds are required to lodge a
copy of the original Trust Deed that established the fund with APRA in
accordance with the requirements of Section 29L of the Superannuation
Industry (Supervision) Act 1993.
In 2006 the trustee of a superannuation fund then known as the Foster's
Group Superannuation Fund failed to lodge a copy of the original Trust
Deed dated 23 December 1913 with APRA but instead misrepresented a "Deed"
dated 26 August 1986 as the "Trust Deed" of the Fund.
On the 20 January 2014 a subsidiary company of the National Australia
Bank, PFS Nominees Pty Ltd, gained control of this fund. In 2014 the fund
was called the AusBev Superannuation Fund.
The document I seek is a covering letter from PFS Nominees Pty Ltd to APRA
attached to which would have been a copy of the genuine Trust Deed dated
23 December 1913.
A copy of the Trust Deed is not required, just a copy of the covering
letter to APRA.
This would confirm that the National Australia Bank (NAB) has complied
with a regulatory requirement, namely compliance with Section 29L of the
SIS Act.
Yours faithfully,
Phillip Sweeney
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FOI #2057 email]
Is [4][APRA request email] the wrong address for Freedom of Information
requests to Australian Prudential Regulation Authority? If so, please
contact us using this form:
[5]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[6]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
--------------------------------------------------------------------------
IMPORTANT NOTICE:
This e-mail is intended solely for the person or organisation to whom it
is addressed, and may contain secret, confidential or legally privileged
information.
If you have received this e-mail in error or are aware that you are not
authorised to have it, you MUST NOT use or copy it, or disclose its
contents to any person. If you do any of these things, you may be sued or
prosecuted.
If you have received this e-mail in error, please contact the sender
immediately.
--------------------------------------------------------------------------
References
Visible links
1. file:///tmp/www.apra.gov.au
3. mailto:[FOI #2057 email]
4. mailto:[APRA request email]
5. https://www.righttoknow.org.au/change_re...
6. https://www.righttoknow.org.au/help/offi...