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21/09/2016

Art in SMSF – insurance & store in office premises

Art in SMSF is not a problem. However, every Self-Managed Super Fund, as part of its Investment Strategy and Product Disclosure Statement, must consider whether insurance on the fund's assets is desirable or prudent. There is less than $500m of collectables held in SMSFs. This is a tiny proportion of the […]
08/09/2016

Key person insurance – protecting the business

Key person insurance – 'income' or 'capital' purpose? Businesses without strong leadership and direction are ships sailing without the captain at the helm. Death, Trauma and Disability are the insidious ‘killers’ of business. Key person insurance protects the business. Who is a key person? Businesses take out insurance to replace assets […]
08/09/2016

NSW Power of Attorney – 5 changes to the law

NSW Power of Attorney changes under the Power of Attorney Regulation 2016 on 1 September 2016. What are the NSW Power of Attorney changes? Any NSW Power of Attorney built, after 1 September 2016, using the old rules will not work. The 5 major changes are: 1. Restructuring how the appointment […]
31/08/2016

Which is safer for a company: Constitution or Replacement Rules?

Company Constitution vs Replaceable Rules? Which is better. Either can govern your company. Your company must have a set of rules. The rules are either in: a Constitution – document that you get when you build your Company; or failing that Replacement Rules - which are set out in the […]
26/08/2016

Can you offer ‘free’ SMSF setup? ASIC attacks SMSF promotor

&nbsp ASIC attacks SMSF promotor, but is it fair? Good old ASIC has successfully applied a penalty on a business seeking to set up your SMSF for 'free' - but then charging you $1,100 per year. The ASIC $10,800 slap on the arm is because the advertising of 'free' potentially misleads […]
26/08/2016

The ‘Curse’ of the homemade Will

The 'Curse' of the homemade Will “On numerous occasions when dealing with a so-called homemade Will, I have observed they are a curse. A homemade Will which utilises what is sometimes known as a ‘Will kit’ is not much better. This case proves the point….” Master Sanderson, Rogers v Rogers […]
16/08/2016

SMSF Unit Trust buys a necklace for wife – now what?

.  SMSF Unit Trust buys a necklace for wife - now what? SMSF Unit Trust. Do you operate a Unit Trust where your Self-Managed Superannuation Fund owns some or all the units? If so you have a 'related unit trust'. A related unit trust is an SMSF unit trust. An SMSF […]
11/08/2016

Go bankrupt lose Super? Bankrupt widow keeps Super

Go bankrupt lose Super? Bankrupt lose Super. But isn't Superannuation protected from bankrupcty? The 3 common safe havens to protect assets from insolvency are: ‘Clean skin’ Family Trusts (eg, doesn't employ people) Low-risk spouse (eg. spouse is a school teacher) Superannuation With huge wealth moving into Super the Trustee-in-Bankruptcy has its […]