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Is the Bare Trust (Custodian) Trustee Company a Special Purpose Company?
23 May, 2018
As per ASIC, the definition of the special company can be found as below:

What is a special purpose company?

Definition of special purpose company is under paragraphs (f) of Regulation 3 of the Corporations (Review Fees) Regulations 2003 and it states that ; 

  • the constitution of the company prohibits distribution of the company’s income or property to its members; and
  • the sole purpose of the company is to act as the trustee of a regulated superannuation fund within the meaning of section 19 of the Superannuation Industry (Supervision) Act 1993

Using an existing or a trading company as trustee will devoid the company of the benefit of reduced ASIC review fee of $47 ( wef 01/07/2016).

Please note that a trustee Company of a bare trust  aka property custodian trust (a custodian trust is used to hold property when the SMSF borrows) and a family discretionary trust do not qualify for reduced ASIC annual fee as these trusts are not covered under the above regulation.

So the short answer is “No”

Should you have any question in regards to special purpose companies, please feel free to contact iCare SMSF team at 03 9557 3138 or info@icaresuper.com.au

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