Superannuation Industry (Supervision) Regulations 1994

PART 9 - FINANCIAL MANAGEMENT OF FUNDS  

Division 9.2 - Financial position of funds  

REGULATION 9.04  

9.04   WHEN THE FINANCIAL POSITION OF AN ENTITY IS UNSATISFACTORY  

For the purposes of subsections 130(7) and 130AA(12) of the Act and subregulation 9.31(3) , the financial position of an entity is treated as unsatisfactory if, in the opinion of a person performing an actuarial or audit function in relation to the entity:

(a)    in the case of an entity that is a defined benefit fund - the value of the assets of the fund is inadequate to cover the value of the liabilities of the fund in respect of benefits vested in the members of the fund; and

(b)    in the case of an entity that is an accumulation fund - either:

(i) the assets of the fund are inadequate to cover the aggregate benefit accounts of members of the fund; or

(ii) the value of the assets of the fund is inadequate to cover the value of the liabilities of the fund in respect of benefits accrued to members of the fund; and

(c)    in the case of an entity that is an approved deposit fund - the assets of the fund are inadequate to cover the obligations of the fund in respect of members of the fund; and

(d)    in the case of an entity that is a PST - the assets of the trust are inadequate to cover the obligations of the trust in respect of holders of units in the trust.