There are consequences when a trustee of a self-managed super fund (SMSF) becomes a 'disqualified person'. If you are a trustee and become a disqualified person, you are not allowed to remain a trustee.
A person can become a disqualified person for a number of reasons, most commonly when they are considered to be insolvent, under administration or an undischarged bankrupt.
A disqualified person commits an offence if they know they are disqualified and continue to be, or act as, a trustee of an SMSF. Penalties, including fines and imprisonment, can apply. There is also a risk the SMSF can be made non-complying if you do not take appropriate action.
If you become a disqualified person you need to:
If by doing so the fund no longer meets the definition of an SMSF, it may need to be restructured to meet the requirements of a regulated super fund or be wound up. For more information refer to the ATO website.