A court order should be sought by SMSF clients going through a divorce as an asset protection measure, an SMSF technical expert has said.

Trustee or directors may still be tied to an SMSF if their resignation is not carried out correctly, voiding all future actions of the fund.

A controversial proposal to force SMSFs to finalise accounts weeks before their lodgement has been abandoned by Treasury.

Trustees cannot withhold any legal advice they have sought during a dispute if it has been paid for by their super fund which in reality is the owner of the advice, an SMSF lawyer has noted.

The ATO has confirmed trustees will have to ensure proper protocols are followed when using electronic signatures to approve SMSF financial statements.

A specialist lawyer has advised for particular attention to be paid to company constitutions of SMSF corporate trustees as they hold the key to decision-making for the fund.