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Is it time to review your SMSF's investment strategy?

A recent article in the Australian Financial Review reported on the increasing popularity of exchange traded funds (ETFs) as an investment option for SMSFs.

Trustees should be aware that if they intentionally or even accidentally invest in an asset type not permitted under the fund's investment strategy, the trustees will be in contravention of the investment strategy and, likely, the governing rules of the SMSF.

Aside from the legislative requirement, this highlights the importance of regularly reviewing a fund's investment strategy.

Cassandra Townsend, Thomson Reuters

In our earlier ClearLaw article titled "The importance of a comprehensive SMSF investment strategy", our lawyers at Maddocks outlined the SIS Act and Regulations requirements around SMSF investment strategies.

Under the law, a trustee must regularly review the fund's investment strategy. If a fund's investments are not consistent with that strategy, the trustee can:

  • dispose of that asset and where appropriate, reinvest those funds in a permitted investment; or
  • amend the SMSF's investment strategy to permit them to invest in that particular investment provided that it is in the best interests of the SMSF, and have the SMSF's members approve these arrangements.

You can read about how to vary your fund's investment strategy on our website.

More Cleardocs information on related topics

You can read earlier ClearLaw articles on a range of SMSF topics.

Order SMSF related document packages

 

Lawyer in Profile

Julia Tonkin
Julia Tonkin
Partner
+61 3 9258 3318
julia.tonkin@maddocks.com.au

Qualifications: BA, LLB, University of Melbourne

Julia is a Partner in Maddocks Corporate and Private Clients team. Julia has extensive expertise in:

  • estate planning, structuring for succession of ownership and control of private and family businesses.
  • charities and not-for-profit space.

Julia's clients include high net worth individuals and families and privately held businesses.

Clients value Julia's empathic, common sense yet technically sound approach to complex legal (and often interpersonal) issues.

She has been recognised as an Accredited Specialist by The Law Institute of Victoria with an accreditation in Wills & Estates Law. She has also been recognised in Doyles Guide for Wills, Estates & Succession Planning Law Recommended - Victoria in 2023.

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