Hello Kate
Thank you for your question.
Section 52B(2)(d) of the SIS Act and Regulation 4.09A of the SIS Regulations make it very clear that assets of a super fund must be held separately from any assets the trustee holds personally.
Indeed, breaches of Regulation 4.09A are reportable in a ACR.
However, in the situation you refer to, whilst appreciating that the assets are not held in the correct name of the corporate trustee, as the ACN has not changed, it appears that are still held by the correct corporate trustee (it is just that the naming conventions are incorrect).
I would suggest conveying this matter to the trustee in the Management Report.
Would be interested to see if other auditors take a different view.
Best regards
The Auditors Institute