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More than just compliance – how representation letters can help trustees avoid complacency

By Naz Randeria, Managing Director of Reliance Auditing Services
16 March 2023 — 2 minute read

On the back of recent amendments to the Superannuation Industry (Supervision) Act allowing a change in financial statement signatory requirements, questions are being asked about whether audit documentation should also be subject to those changes.

Specifically, some have questioned whether there is still a need for Trustee Representation letters to continue to require a complete set of signatures from all Trustees/Directors.

However, there are very strong reasons for this practice to continue - and it goes beyond simple compliance.

From 1 July 2021, the Treasury Laws Amendment (Self-Managed Superannuation Funds) Bill 2020 increased the maximum number of members in a SMSF from four to six.

Further to this, if a SMSF has four members, at least two trustees or directors must sign off on the financial statements of a fund. Should a SMSF have five or six members, then at least three trustees or directors must provide signatures on financial statements.

This rule does not – and I would argue, should not – apply to audit documentation especially the Trustee Representation letters.

If we look at the case of Shail Superannuation Fund v Commissioner of Taxation, where Mrs Shail was left to foot a significant taxation bill after her husband made withdrawals from the SMSF and fled overseas, it is not enough to claim that because you had no knowledge of a situation, you should bear no responsibility.

In fact, as a Trustee, it is your responsibility to ensure you are aware of the actions taking place within your SMSF, and confirming the detail contained within a Trustee Representation letter should be the bare minimum level of engagement with your SMSF.

The Representation letter provides confirmation that financial statements and other documentation have been prepared in accordance with the applicable reporting framework and other statutory requirements.

It also confirms that the auditor has been provided with all relevant information and access, and that all transactions have been recorded and reflected in the accounting records underlying the financial report, and contains confirmation of major asset valuation method, or members’ transfer balance accounts.

Further to this, the Letter provides confirmation that the SMSF is compliant with both the Superannuation Industry (Supervision) Act, and Superannuation Industry (Supervision) Regulations, including that Trustees are not a disqualified person, and that the fund continuously meets the definition of a SMSF.

Given the information contained within the letter, it makes sense then that auditors would rightly expect to have an acknowledgement of the accuracy of the details from all Trustees, and why a complete set of signatures remains necessary.

The primary purpose of the Letter serves to remind Trustees that they are accountable and responsible for their fund and take notice of the information contained within the letter, to ensure its accuracy.

It is up to Trustees to ask questions of other fund members and seek evidence and clarification if required, to prove that the details provided are correct and true. Not only for the sake of meeting compliance requirements, but also to protect themselves and their assets.

Your SMSF is an investment for your retirement future, so why would you put yourself and your future at risk, by simply accepting the detail within a Trustee Representation letter, without seeking confirmation? Why wouldn’t your fellow Trustees and Directors do the same?

I would argue that by continuing to insist for a full set of signatures on Representation letters, it is enforcing Trustee/Director engagement, and providing an opportunity to maintain responsibility and avoid complacency.

Managing Director of Reliance Auditing Services.

 About Reliance Auditing Services

Founded by Managing Director Naz Randeria over a decade ago, Reliance Auditing Services is an independent auditing services firm, specialising in audit of self-managed superannuation funds and also providing external audit and assurance services to clients across Australia. The team offers more than 25 years’ experience across a very diverse range of businesses and organisations.


More than just compliance – how representation letters can help trustees avoid complacency
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