How do the administrative penalties apply to corporate trustees?
Where the breach is of an obligation which is on the trustee as against a director of the corporate trustee then the penalty will be imposed on the corporate trustee. In this case only one penalty will be imposed and each director will be jointly and severally liable for that penalty. Where the obligation is imposed on a particular director, then only that director will be subject to a penalty.
For example, the requirement to prepare accounts and financial statements is an obligation imposed on the corporate trustee. Consequently, the penalty of $1,700 for the failure to prepare accounts and financial statements will be imposed on the corporate trustee (but each director will be liable to pay the penalty).
Where the obligation is imposed individually on each director (eg making the ATO trustee declaration) then the penalty will be imposed on the individual director.
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