News : Compliance

Compliance

Poor trustee history can close funds

SMSF trustee history

The inclusion of a trustee with a poor compliance history can create future problems for an SMSF and lead to the ATO making the fund non-compliant.

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ASIC, Compliance

SMSF accountant ordered to comply with EU

smsf accountant enforceable undertaking

A Queensland accountant has been ordered by the Federal Court to comply with an ASIC enforceable undertaking and tell clients she is unable to provide SMSF advice.

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AFCA, Compliance

COVID impact seen in complaint figures

COVID AFCA complaints

The sudden impact of COVID-19 in early 2020 has been reflected in complaints figures released by AFCA.

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Compliance

Non action can create sole purpose breach

no action sole purpose test

An SMSF trustee who intentionally took no action to gain a non-retirement benefit will still be viewed as breaching the sole purpose test.

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ATO, Compliance

Missing details most common SAR error

SMSF annual return errors

Missing bank and auditor details have been identified as common errors made by SMSF trustees lodging annual returns, according to the ATO.

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Compliance, Regulation

AFCA review boundaries defined

AFCA review

The terms of reference for the review of the Australian Financial Complaints Authority have been defined with a focus on the effectiveness of the dispute resolution body.

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Compliance

SPT breaches often linked to other failures

Sole purpose breaches

SMSF trustees need to be alert to the need to comply with the sole purpose test, with many contraventions often tied back to a failure to meet the test.

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Compliance, Regulation

Financial interest duty not penalty free

SMSF best financial interest duty

Trustees looking at not acting in the best financial interest of members may still be hit despite proposed duty changes carrying no penalty.

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Compliance, Financial Planning

AFCA rules amended after court ruling

AFCA rules amended

The rules under which the Australian Financial Complaints Authority have been changed following a new legislative instrument issued by the Australian Securities and Investments Commission.

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Compliance

Financial misconduct key disqualifying factor

Evidence of dishonest conduct will not automatically disqualify an individual from being an SMSF trustee unless it is of a financial nature.

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