News : Regulation

financial advice, Regulation

Experience pathway passes through parliament

Financial adviser experience pathway

The government has passed laws allowing experienced advisers to practice without further education and penalising executives who breach accountability obligations.

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Administration, Documentation, Management, Regulation, SMSF

State laws complicate incapacity rules

SMSF incapacity

When preparing for the incapacity of an SMSF trustee, practitioners must be aware of the legislative requirements of each state and territory where the fund may hold assets or interests.

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Regulation, Retirement, Superannuation

Govt releases super objective draft bill

Superannuation objective

Treasury has released a draft exposure bill outlining the objective of the superannuation system, which will include a requirement for future policies to show how they align with the objective.

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Administration, Compliance, Regulation, SMSF, Trusts

Lost deeds undermine trust functions

Lost trust deed

A lost trust deed can bring into question the ability of trustees to carry out their duties and cast doubts over the operations of the trust.

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Compliance, financial advice, Regulation, SMSF

Use tech services with caution

Financial advice technical services

SMSF advisers should use technical support services in moderation when offering advice on complex or technical matters outside their expertise.

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Administration, Compliance, Regulation, SMSF

Deeds can force member exits

SMSF member exit deed

SMSF members can be forced out of a fund, but only in cases where deeds have been structured to include trigger events requiring their exit.

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Compliance, financial advice, Regulation

Ethical advice goes beyond compliance

SMSF advice ethics

When providing advice to SMSF clients, advisers should consider external factors as adhering to the Corporations Act may not guarantee ethical conduct.

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ATO, Pensions, Regulation, Superannuation

Commissioner TBC ruling not unconstitutional

Transfer balance cap

The Administrative Appeals Tribunal has upheld a decision by the tax commissioner that commuting an excess over the transfer balance cap was unconstitutional and carried out on unjust terms.

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Administration, Compliance, Regulation, SMSF

Ruling clarifies SMSF director-executor pay

SMSF director executor

A recent court ruling has clarified whether an SMSF is legally required to compensate a director when they are appointed as both a director and executor of an SMSF.

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